To  the  Members  of  the  Committee  on  Education. 

Gentlemen  :  My^  purpose  here  primarily  is  to  consider  the  problem  of 
public  education  not  in  its  relation  to  persons  or  parties.  I  am  not  con¬ 
cerned  with  individual  opinion,  my  own  or  another’s.  What  I  wish  to 
place  before  you  is  the  one  basic  fundamental  proposition  that  Public 
Education  Is  a  Function  of  the  State,  that  any  opinion  or  expression 
contrary  thereto  must  carry  with  it  a  burden  of  proof  not  less  strong  than 
that  which  would  be  required  for  a  plea  for  the  abolition  of  the  writ  of 
habeas  corpus,  or  of  the  right  of  representation  in  taxation. 

In  other  words,  the  control  by  the  state  of  education  is  one  that  is 
based  on  the  law  and  custom  of  the  land. 

The  following  question  was  asked  of  the  United  States  Bureau  of  Educa¬ 
tion  : 

“In  what  state,  if  any,  in  the  Union  is  public  education  considered  pri¬ 
marily  a  local  function,  such  as  police,  corrections,  etc.,  instead  of  a  state 
function  ?” 

The  answer  by  telegram  signed  by  W.  S.  Deffenbaugh,  Chief  of  Division 
of  School  Administration,  is  “None.” 

State  control  is  expressed  in  the  constitutions  of  the  states;  it  is  en¬ 
forced  by  the  statutes  and  codes  of  states;  it  is  confirmed  by  decisions  of 
courts  of  record.  He  is  a  bold  man  who  would  undertake  to  pit  his  puny 
opinion  or  point  of  view  against  the  accumulated  experience  of  the  people 
of  the  Republic,  and  it  makes  little  difference  in  this  regard  how  sincere 
he  might  be  in  advancing  them. 

At  a  later  period  I  shall  furnish  to  the  members  of  the  Committee  a 
summary  of  the  educational  provisions  of  the  constitutions  of  the  states,  all 
of  which  establish  without  exception  the  position  set  forth. 

From  the  large  volume  of  legislation  adopted  in  the  various  states,  I 
have  selected  excerpts  from  the  statutes  of  twenty-one  states,  which  simi¬ 
larly  confirm  the  proposition  that  public  education  is  a  function  of  the 
state.  I  would  call  special  attention  to  the  Pennsylvania  code,  which 
absolutely  establishes  the  independence  of  Boards  of  Education,  and  con¬ 
cerning  which  I  have  received  two  competent  opinions.  The  State  Superin¬ 
tendent  of  Schools  reports  that  “the  new  code  in  operation  since  1911  has 
greatly  improved  the  administration  of  schools,  especially  in  cities”;  the 
City  Superintendent  of  Schools  of  Philadelphia  states,  “So  far  as  I  know 
it  is  the  unanimous  opinion  of  educators  and  citizens  in  general  that  the 
School  Code  is  a  great  improvement  on  our  former  school  laws.  It  is  in 
every  way  operating  successfully.”  These  examples  of  legislation  to  which 
reference  is  made  will  later  be  submitted  for  your  attention. 

Such  legal  decisions  as  have  been  collated  respecting  the  power  of  the 


26 


3 


state  through  the  Boards  of  Education  prove  beyond  question  the  power  of 
such  Boards  as  agents  of  the  state  in  matters  of  public  education.  The 
language  of  these  decisions  deserves  careful  examination  and  study. 

Since  education  is  a  function  of  the  state,  the  only  problem  remaining 
lies  in  the  interpretation  of  that  principle  with  reference  to  municipal 
finances.  As  the  present  charter  provides  a  legal  minimum  of  a  three-mill 
tax,  and  as  the  sum  yielded  by  that  tax  must,  in  a  considerable  measure, 
be  made  up  by  additional  appropriations,  the  allowance  of  the  additional 
sum  will  always  involve  a  question  as  to  attempts,  intentional  or  otherwise, 
by  municipal  authorities  to  exercise  educational  control. 

There  is  of  late  a  tendency,  frankly  expressed,  on  the  part  of  these 
authorities  to  control  education,  not  only  by  reducing  the  amounts  appro¬ 
priated  below  the  actual  amounts  needed  for  the  appointment  of  regular 
teachers,  but  by  determining  what  items  of  the  budget  should,  in  their 
opinion,  be  reduced  or  excised.  This  is  quite  beside  any  question  of 
allowing  money  on  any  such  fixed  basis  as  that  of  attendance  or  the  like. 
It  is  in  effect  a  deliberate  attempt  to  determine  just  what  sort  of  education 
should  be  established  and  to  what  classes  of  the  community  it  should  be 
given,  although  both  positions  completely  disregard  the  fact  that  there  is 
no  legal  right  or  title  whatever  for  such  an  attitude. 

The  present  demand  for  home  rule,  a  demand  which  within  its  own  limits, 
is  deserving  of  the  most  careful  and  sympathetic  consideration,  has  been 
confused  with  another  and  entirely  different  proposition,  to  wit:  the  depriva¬ 
tion  of  the  sovereign  power  of  educational  control,  now  pursued  by  every 
state  of  the  Union. 

With  the  principles  of  home  rule,  there  is  no  issue.  Now,  home  rule, 
in  a  truer  sense,  means  the  ability  or  power  given  to  an  entity  to  do  all 
that  is  necessary  to  regulate  and  control  its  affairs,  and  perform  the  func¬ 
tions  which  belong  to  it.  The  function  of  the  Board  of  Education  is  to 
control,  and  regulate  school  affairs.  It  just  as  truly  represents  the  citizens 
as  does  the  financial  body.  As  I  have  indicated,  the  Board  of  Education  is 
an  instrument  of  the  state  and  should  remain  so.  The  city  is  only  a 
political  division  of  the  state.  How  can  the  Board  of  Education  perform  its 
functions  if  another  power  is  primarily  dictating  its  course  through  control 
of  funds?  In  other  words,  home  rule  is  not  a  branch  of  geography  or  of 
politics,  but  is  a  matter  of  the  distribution  of  functions  to  the  agents  to 
whom  the  functions  properly  belong.  Education  is  a  continuous  process 
and  educational  policies  should  therefore  be  continuous.  Municipal  admin¬ 
istrations  come  and  go,  but  educational  policies  should  not  be  affected 
thereby.  It  should  be  beyond  the  power  of  any  single  individual,  or  even 
a  small  group  of  individuals,  to  work  a  revolution  in  educational  policies. 
We  find  that  functional  home  rule  is  the  kind  of  home  rule  which  has  been 
granted  in  most  of  the  large  cities  of  the  nation.  Thus,  according  to  the  find¬ 
ings  of  a  member  of  the  School  Inquiry  Committee,  we  find  financial  inde¬ 
pendence  has  been  granted  in  Boston,  Cleveland,  Philadelphia,  Pittsburgh,  St. 


4 


Louis,  Cincinnati,  Milwaukee,  Seattle,  Denver,  Portland,  Los  Angeles.  (E.  C. 
Moore  in  the  May  issue  of  the  Educational  Review.)  Local  control,  on  the 
other  hand,  means  the  subservance  of  the  Board  of  Education  to  changing 
local  political  administrations. 

There  is  another  matter  which  is  so  closely  related  to  state  control  of 
public  education,  that  it  stands  on  all  fours  with  it,  and  that  is  the  financial 
independence  of  boards  of  education,  which  are  agents  of  the  state. 

I  shall  later  discuss  some  questions  that  have  been  brought  before  you  by 
an  officer  of  the  city  government.  Here  I  shall  limit,  myself,  at  this  time, 
only  to  an  examination  of  the  principle  of  independent  financial  control  of 
educational  expenditures. 

Whether  boards  of  education  be  large  or  small,  the  question  of  financial 
independence  overshadows  all  other  questions.  Perhaps  the  clearest  dis¬ 
cussion  of  this  subject  appears  in  the  Educational  Review  for  May,  1915, 
by  Prof.  Ernest  C.  Moore,  of  Harvard  University,  and  one  of  the  members  of 
the  former  School  Inquiry  Commission  in  New  York  City.  Prof.  Moore 
favors  a  small  unpaid  board,  but  he  believes  in  financial  independence  for 
all  boards.  He  says: 

“Since  it  is  the  inevitable  tendency  of  city  officials  to  push  authority 
of  their  offices  quite  beyond  the  limits  set  for  them  by  the  law,  if  ‘settled 
policy  of  the  State’  is  to  be  carried  out  and  the  rights  of  the  children 
to  an  education  are  to  be  kept  from  being  made  pawns  in  the  ever- 
recurring  political  game,  New  York  City  must  employ  the  means  which 
St.  Louis,  Pittsburgh,  Philadelphia  and  other  large  cities  of  the  country 
have  been  forced  to  adopt;  that  of  making  her  schools  free  from  politics 
by  making  her  board  of  education  completely  independent  of  her  city  hall. 

“Policies  as  old  as  the  State  cannot  be  so  lightly  set  aside  that  an  un¬ 
tried  theory  may  be  advocated;  the  experience  of  the  rest  of  the  nation 
cannot  be  disregarded;  the  facts  themselves  cannot  be  overlooked,  to 
produce  a  doctrinaire  result — the  mere  setting  forth  of  a  preconceived 
theory. 

“It  is  not  the  small  board,  but  the  small  board  with  practically  com¬ 
plete  control  of  the  management  and  conduct  of  the  schools — financial  and 
administrative — which  has  corrected  evils  from  which  New  York  suffers. 
The  small  board  in  Boston  is  an  independent  board  not  subject  to  control, 
direct  or  indirect,  by  any  other  city  authority  save  that  the  mayor 
approved  its  appropriations;  but  the  board  has  power  even  to  set  aside 
his  vote  by  a  two-thirds’  vote.  The  small  board-  in  Philadelphia  and 
Pittsburgh  is  an  independent  taxing  and  bond  issuing  body,  wholly 
separate  from  the  control  of  the  city  government.  So  it  is  in  Kansas 
City  and  St.  Louis.  It  has  somewhat  similar  independence  of  city  control 
in  Cleveland,  Cincinnati,  Milwaukee,  Seattle,  Denver,  Portland,  Oregon, 
and  Los  Angeles.  And  it  is  the  independence  of  the  board  from  political 
control — its  freedom  from  interference — and  not  its  small  size  alone  that 
enables  it  to  conduct  the  schools  in  a  proper  fashion. 

“It  is  in  the  control  of  its  funds  that  its  freedom  and  its  ability  to 
direct  the  school  well  lies. 

“No  matter  how  specific  the  law  may  be  on  this  point,  unless  it  makes 
the  board  of  education  financially  independent  of  the  city  hall,  some 
device  like  a  uniform  accounting  system  or  criticism  of  its  estimate  will 
be  made  to  do  duty  as  a  warrant  for  more  or  less  complete  control  ovef 
all  its  acts.  This  is  the  experience  not  only  of  New  York  City,  but  of 


5 


every  other  American  City  which  has  made  the  administrative  mistake 
of  not  separating  its  school  management  entirely  from  its  city  hall. 
The  recent  experiences  of  Chicago  are  but  the  latest  evidences  of  the  utter 
impossibility  of  allowing  the  schools  to  be  a  department  of  the  city  gov¬ 
ernment.  ‘Nothing  is  clearer/  writes  President  Eliot,  ‘than  the  im¬ 
possibility  of  managing  well  the  school  affairs  of  a  large  city,  if  its 
school  board  has  not  independent  income  on  which  it  can  rely  for  the 
current  year  and  predict  with  reasonable  accuracy  for  several  years  to 
come.  Without  it,  the  element  of  planning  is  almost  completely  taken 
away  and  all  the  economies  which  careful  planning  can  accomplish  are 
denied  it.’ 

“The  facts  and  the  historical  relations  have  proven,  over  and  over 
again,  that  it  is  impossible  to  define  this  two-handed  method  of  school 
administration  so  that  it  will  work.  If  experience  on  this  subject,  both 
in  New  York  City  and  out  of  it,  is  reckoned  up,  New  York  will  not  find 
it  to  her  advantage  either  financially  or  educationally  to  furnish  one 
more  proof  that  failure  lies  along  this  road.  *  *  *  Let  her  not  be 

deluded  by  believing  that  she  has  the  safeguard  of  a  board  of  education, 
when  the  board  of  education  is  one  in  name  only  and  the  real  school 
administration,  is  part  and  parcel  of  the  political  system.  But  if  it  wants 
its  public  schools  conducted  for  the  education  of  the  children,  let  it  erect 
a  small  board  of  education  from  the  city  at  large  and  give  it  exclusive 
power  to  provide  whatsoever  things  are  needful  for  the  proper  conduct 
of  the  schools  and  to  conduct  them,  being  as  directly  responsible  to  the 
public  for  the  tax  it  may  levy  for  school  purposes  as  the  board  of  estimate 
now  is,  and  vastly  more  responsible  to  the  people  for  the  proper  conduct 
of  the  schools  than  either  the  board  of  estimate  or  the  board  of  education 
now  is  or  can  be  under  any  two-headed  division  of  authority  whatsoever.” 
The  dangers  from  municipal  politics  are  real,  but  they  are  not  the  only 
dangers.  Education  will  always  suffer  from  municipal  control  just  as  it 
has  suffered  in  the  past,  just  as  it  suffers  now.  It  is  unnecessary  to  ques¬ 
tion  the  good  faith  of  any  municipal  officers,  or  to  indulge  in  any  personal 
attack  for  the  reason  that  municipal  officers,  good,  bad  and  indifferent,  are 
all  prone  to  consider  less  the  interest  of  our  children,  than  those  which 
determine  political  success  and  preferment — not  the  least  of  which  is  a 
reduced  tax  rate. 

No  sane  person  believes  in  extravagant  administration,  whether  in 
education  or  in  any  other  activity.  But  we  believe  that  those  who  by  law 
are  empowered  to  control  and  direct  education  have  the  right  of  edu¬ 
cational  direction.  Notwithstanding  the  plain  mandate  of  the  law,  it 
is  a  fact  that  the  Board  of  Education  in  New  York  City  does  not  enjoy 
the  privilege  and  cannot  exercise  the  responsibility  lodged  in  it  by  law 
because  of  the  limitations  placed  upon  it,  some  of  them  grave  and  im¬ 
portant,  others  petty  and  irritating. 

For  the  items  of  its  budget  are  each  decreased  or  excised  according  to 
the  ideas,  not  of  any  member  of  the  Board  of  Education,  frequently  not 
even  of  any  member  of  the  Board  of  Estimate  and  Apportionment  but  of 
some  employee  of  one  of  its  departments. 

Therefore,  it  is  essential  that  the  Board  of  Education,  or  any  other 
body  to  whom,  by  law,  is  delegated  the  responsibility  for  educational 
administration,  should  be  empowered  to  exercise  it.  This  may  be  done 


6 


by  a  .constitutional  provision ;  possibly  it  may  be  better  done  through  legis¬ 
lation.  In  any  case,  it  would  be  fatal  to  allow  the  control  of  education  to 
pass  from  the  state  to  municipalities,  unless  indeed  we  are  prepared  to  sur¬ 
render  all  the  ideals  and  habits  of  thought  and  accepted  theories  of 
government  which  we  have  hitherto  enjoyed. 

So  clear  is  the  need  of  some  provision,  that  many  methods  of  meeting 
the  situation  have  been  devised.  Pennsylvania,  in  her  code,  and  Virginia, 
in  her  constitution,  both  prescribe  a  set  mill  tax.  Another  method  has 
been  to  endow  Boards  of  Education  with  a  certain  independence,  subject 
to  veto  by  the  Mayor;  and  in  Boston,  the  Board  of  Education  has  a  right 
to  veto  cuts  made  by  the  financial  authorities  of  the  city. 

I  am  disinclined  to  suggest  minute  regulations  through  the  instrumen¬ 
tality  of  constitutional  provisions.  I  believe,  however,  the  wisest  and 
simplest  method  would  be  to  provide  for  the  principle  of  separate  taxation, 
the  legislature  to  prescribe  the  method  of  the  collection.  Such  a  provision 
will  be  submitted  to  you  for  consideration. 

I  have  been  asked  to  discuss  certain  testimony  respecting  municipal  con¬ 
trol  of  education,  which  was  recently  presented  to  your  Committee  by  the 
Comptroller  of  The  City  of  New  York. 

The  Comptroller  gave  prominence  to  the  following  points,  in  addition 
to  the  fundamental  points  which  I  have  already  discussed: 

1.  That  the  rate  of  appropriations  for  the  Board  of  Education  of  The 
City  of  New  York  has  increased  since  1911  in  relation  to  the  appropria¬ 
tions  for  the  city  government,  exclusive  of  debt  service,  deficiencies  in  taxes 
and  county  government. 

2.  That  the  Board  of  Education  asks  the  Board  of  Estimate  and  Appor¬ 
tionment  for  larger  appropriations  than  it  expects  to  receive. 

3.  That  the  Board  of  Estimate  and  Apportionment  alone  is  responsible 
to  the  taxpayers — the  Board  of  Education  not  at  all. 

4.  That  a  paid  Board  of  five  members  would  save  millions  of  dollars. 

5.  That  regular  day  school  teachers  should  be  drafted  for  the  conduct  of 
summer  schools. 

1.  That  the  Rate  of  Appropriation  for  the  Board  of  Education  of  the 

City  of  New  York  has  Increased  Since  1911  in  Relation  to  the 

Appropriations  for  the  City  Government,  Exclusive  of  Debt  Service 

Deficiencies  in  Taxes  and  County  Government 

The  Board  of  Education  is  not  concerned,  primarily,  with  the  percentage 
proportion  which  its  appropriations  bear  to  the  total  expense  of  the  city 
government.  The  Board  of  Education  is,  first  and  foremost,  concerned  with 
the  question  of  sufficiency  in  appropriation.  The  Board  of  Education  is 
not  without  justification  when  it  considers  that  education  is  among  the 
first  of  the  activities,  if  not  the  first  for  which  provision  should  be  made; 
that  education  in  fact,  is  a  first  mortgage  upon  the  City’s  resources.  Edu¬ 
cational  needs  are  regulated  by  the  volume  of  school  population,  and  not 
by  relation  to  other  expenses.  In  the  sense  in  which  we  are  speaking 
there  is  no  question  of  policy  involved  in  caring,  educationally,  for  a  given 


7 


number  of  units  of  attendance.  We  may  not  discriminate  and  say  we  will 
provide  for  one  and  not  for  another.  The  problem  simply  is  that  to  pro¬ 
vide  education  of  the  proper  kind  for  a  given  number  of  units  of  school 
population  costs  a  certain  definite  amount  of  money.  What  relation  this 
amount  bears  to  the  amounts  for  street  cleaning,  police,  or  what  not,  is 
immaterial  so  far  as  the  Board  of  Education  is  concerned^ 

In  recent  years  there  has  been  a  wider  demand  for,  and  public  use  of 
educational  facilities,  than  ever  before.  For  example,  in  the  last  eight 
years  the  increase  in  day  elementary  school  attendance  has  been  33%; 
in  day  high  schools  109%;  in  evening  elementary  schools  31%;  in  evening 
high  schools  112%.  In  addition,  there  has  been  great  demand  for  recrea¬ 
tional  activities,  continuation  instruction,  trade  or  vocational  training, 
etc.  The  Board  of  Education,  as  the  steward  of  the  state  in  educational 
matters,  has  conceived  it  to  be  a  duty  to  heed  these  demands,  and  to  seek 
funds  for  yet  more  facilities  and  greater  educational  opportunities. 

It  is  noticeable  that  the  Comptroller,  in  computing  his  percentages, 
eliminated  from  his  gross  figure  the  items  for  debt  service,  deficiencies  in 
taxes,  and  county  government.  Now  these  items  have  reached  large  pro¬ 
portions  in  The  City  of  New  York,  and  since  provision  must  also  be  made 
for  them  in  the  tax  rate,  the  inevitable  tendency  has  been  to  restrict 
other  items  in  the  budget.  The  Comptroller,  in  excluding  these  items  from 
his  percentage  calculation,  produced  a  certain  ratio  which  is  higher  than 
would  be  obtained  by  considering  the  educational  appropriations  in  rela¬ 
tion  to  the  whole  tax  burden.  The  question  of  debt  service  and  other  items 
excluded  by  the  Comptroller,  in  the  final  analysis,  means  that  the  City 
has  entered,  voluntarily  or  otherwise,  upon  numbers  of  other  propositions 
and  activities,  and  that  costs,  interest  and  otherwise,  present  themselves 
at  budget  time,  and  are  considered  in  relation  to  all  other  and  current 
activities,  of  which  education  is  one.  It  is  improper  to  exclude  such  items 
from  a  percentage  comparison,  for  they  exercise  a  strong  influence  in  the 
reduction  of  allowances  for  current  activities. 


The  relation  which  the  total  of  the  general  and  special  school  funds  of 
the  Board  of  Education  has  borne  to  the  entire  tax  budget  of  the  City  at 


large 

since  1905,  is  stated  below: 

Tax  Budget  for  Tax  Budget  for  the 

Percentage  relation  of 
Board  of  Education  Tax 
Budget  to  Tax  Budget 

Year 

City  at  Large 

Board  of  Education 

for  City  at  Large 

1906 

$116,805,490  37 

$23,358,188  69 

19.9975 

1907 

130,421,505  66 

24,915,928  16 

19.1041 

1908 

143,572,266  17 

26,712,963  59 

18.6059 

1909 

156,545,148  14 

27,470,736  80 

17.5481 

1910 

163,130,270  37 

28,578.432  43 

17.5187 

1911 

174,079,335  16 

29,007,747  14 

16.6635 

1912 

181,090,256  51 

33,849,819  74 

18.6922 

1913 

192,711,441  16 

35,206,846  96 

18.2692 

1914 

192,995,551  62 

38,203,406  92 

19.7949 

1915 

198,989,786  52 

39,840,349  90 

20.0213 

(Note — The  above  figures  represent  the  situation  at  the  time  the  bud¬ 
get  was  fixed.  There  were  sundry  subsequent  adjustments  either  by 


8 


relinquishment  of  balances  by  the  Board  of  Education  or  the  granting 
of  Special  Revenue  Bonds  by  the  financial  authorities.  However,  the 
figures  as  stated  represent  the  deliberations  and  conclusions  when  the 
budget  was  fixed.) 

It  appears,  therefore,  that  closer  analysis  shows,  if  all  municipal  expen¬ 
ditures  be  included,  that  the  variation  is  no  longer  one  between  27.3  per 
cent,  in  1911  and  31.6  per  cent,  in  1915,  as  stated  by  the  Comptroller,  but 
for  the  past  ten  years  an  increase  from  19.9975  per  cent,  in  1906  to  20.0213 
per  cent,  in  1915,  the  minimum  being  16.6635  in  1911. 

There  is  much  that  is  fallacious  in  the  application  of  percentages  to 
appropriations.  Too  often  it  has  been  the  practice  of  the  Board  of  Esti¬ 
mate  and  Apportionment  to  determine  educational  allowances  by  adding 
a  certain  per  cent,  of  increase  over  the  appropriation  of  the  preceding  year. 
One  of  the  members  of  the  School  Inquiry  Commission  severely  criticized 
this  method  in  the  following  language: 

“Your  comparison,  however,  that  the  Board  of  Education  ought  not  to 
expect  the  Board  of  Estimate  to  do  for  it  in  the  general  fund  five  or  six 
times  as  mpch  as  was  done  last  year  (1913),  is  not  only  a  false  com¬ 
parison,  but  fallacious,  and  contrary  to  sound  budget  making.  The 
Board  of  Education  might  equally  well  hold  that  its  requests  this  year 
(for  1914)  are  what  they  are  by  reason  of  the  fact  that  the  Board  of 
Estimate  last  year  only  gave  the  Board  of  Education  one-fifth  or  one- 
sixth  as  much  of  an  increase  as  it  had  requested.  *  *  *  It  will,  how¬ 

ever,  be  admitted,  I  think,  by  all  who  know  the  facts  at  this  time,  that 
the  allowances  in  the  general  fund  for  last  year  (1913)  were  inadequate 
as  shown  by  the  present  deficiency  of  approximately  a  half  million 
dollars.  *  *  *  Hence  to  fix  the  needs  of  the  schools  on  the  basis  of 

what  was  done  last  year  is  wrong.  The  question  is  not  what  the  Board 
of  Estimate  and  Apportionment  did  last  year.  The  question  at  issue  is 
‘What  are  the  actual  needs  of  the  schools  for  the  budget  year  1914?’ 
*  *  *  To  compare  request  with  allowance  would  be  exactly  like  doling 

out  food  to  a  starving  man  on  the  basis  that  he  had  been  given  so 
much  during  the  preceding  days,  and  that  the  amount  previously  allowed 
would  have  to  be  ample  for  him  in  the  succeeding  days.  *  *  *  The 

only  honest  and  dignified  position  *  *  *  is,  when  the  actual  needs 

of  the  school  are  demonstrated  to  recognize  these  as  needs,  and  if  the 
Board  of  Estimate  and  Apportionment  is  unable  to  make  adequate 
allowances,  the  failure  to  make  such  allowance  will  not  be  based  upon 
what  was  given  in  previous  years,  but  upon  its  inability  to  do  so  in 
view  of  the  financial  resources  of  the  City.  *  *  *  Your  position  *  *  * 
adds  weight  to  an  already  too  prevalent  feeling  that  it  does  not  matter 
what  facts  are  presented,  estimates  are  cut  in  view  of  the  expediency  of 
the  moment.” 

2.  That  the  Board  of  Education  Asks  the  Board  of  Estimate  and 
Apportionment  for  Larger  Appropriations  Than  it  Expects  to 
Receive 

The  Comptroller  stated  that  the  Board  of  Education  appeared  last  year 
before  the  Board  of  Estimate  and  Apportionment  with  an  estimate  con¬ 
fessedly  more  than  it  expected  to  get,  and  that  members  of  the  Board  so 
admitted.  The  Comptroller  supplied"  the  inference  that  the  estimate  was 
over-loaded  for  the  purpose  of  securing  a  larger  sum  than  otherwise  would 


9 


have  been  granted,  and  the  implication  is  that  the  Board  of  Education 
requested  more  than  it  actually  needed. 

Objection  is  not  so  much  to  the  statement  as  to  the  inference  which  is 
obvious  was  intended  to  be  conveyed.  It  is  literally  true  that  the  Board  of 
Education  places  items  in  its  estimate  which  it  does  not  expect  to  get  in 
full.  The  Board  of  Education  does  not  expect  to  get  all  it  asks,  if  for  no 
other  reason  than  because  the  memory  of  none  goes  back  to  the  time  when 
the  financial  authorities  were  so  liberal,  or  agreed  to  such  an  extent  with 
educational  policies  that  the  whole  amount  requested  was  granted.  There 
is  another  reason  why  the  Board  of  Education  does  not  expect  to  get  all 
that  it  asks,  a  reason  which  for  many  years  has  been  the  controlling  factor 
in  the  consideration  of  educational  estimates.  The  Board  of  Education, 
as  has  been  stated,  is  concerned  with  a  request  which  shall  adequately 
represent  the  needs  of  the  school  system.  The  Board  of  Estimate  and 
Apportionment,  on  the  other  hand,  is  confronted  by  the  fearsome  tax  rate, 
so  that,  as  a  practical  proposition,  the  total  of  allowances,  and  the  com¬ 
ponent  items  thereof,  are  not  regulated  by  attested  needs  or  sound  judg¬ 
ment,  but  almost  solely  by  a  consideration  of  the  tax  rate. 

Most  of  us  who  have  to  do  with  matters  of  city  finance  understand  full 
well  that  presentation  of  facts  and  arguments  have  little  weight.  As  bear¬ 
ing  upon  this  point  there  has  come  to  light  a  letter  written  to  the  Chair¬ 
man  of  the  Budget  Committee  of  the  Board  of  Estimate  and  Apportionment, 
by  one  of  the  chief  budget  examiners,  regarding  the  1914  budget  of  the 
Department  of  Education  as  follows: 

“ I  believe  that  a  great  deal  of  time  can  be  saved  and  much  confusion 
and  disputing  can  be  avoided  if  the  Budget  Committee  will  decide  in 
advance  of  the  public  hearing  what  its  policy  will  be  in  regard  to  exten¬ 
sions  of  old  activities,  establishment  of  new  activities,  and  provison  for 
increased  register;  also  what  its  policy  will  be  as  to  the  increase  re¬ 
quested  for  repars  to  school  buildings,  for  additional  force  in  the  official 
and  clerical  staff,  and  additional  supplies.  *  *  *  It  would  be  very 

helpful  if  the  Budget  Committee  would  decide  in  advance  upon  some 
definite  figure  to  be  allowed  for  the  Board  of  Education;  in  fact,  I  think 
the  Committee  should  agree  upon  a  total  for  the  entire  city  budget.  We 
can  do  much  better  work  if  we  have  a  definite  figure  at  which  to  aim.” 
There  is  also  a  recognizable  situation  at  the  moment  in  The  City  of  New 
York.  A  publicity  campaign  is  apparently  being  carried  on  with  the  pur¬ 
pose  of  educating  the  public  either  to  expect  a  rise  in  the  tax  rate  or  a 
reduction  in  activities  in  1916.  Notwithstanding  this  it  would  be  inex¬ 
cusable  for  the  Board  of  Education  to  present  an  estimate  for  1916  for  less 
than  educational  needs. 

It  is  true,  from  another  viewpoint,  that  the  Board  of  Education  may  not 
expect  to  get  the  full  amount  of  its  request.  Certain  discretionary  items 
were  included  in  the  estimate  for  1915,  and  similar  items  were  included  in 
the  estimates  of  previous  years,  in  order  that  they  might  come  up  for  dis¬ 
cussion.  Funds  have  sometimes  been  granted,  and  sometimes  not.  With 
such  propositions  the  Board  of  Education  takes  no  issue  with  the  Board 


10 


of  Estimate  and  Apportionment.  It  is  recognized  that  certain  things, 
while  desirable,  are  not  absolutely  necessary,  and  that  in  case  of  financial 
stringency  they  should  be  dropped.  The  Board  of  Education  of  its  own 
accord  often  eliminates  items  from  its  formal  estimate.  For  example, 
there  were  reduced  or  wholly  eliminated  from  the  estimate  of  1915,  items 
previously  approved,  amounting  to  $1,375,985.40.  This  was  done  before 
the  estimate  was  sent  to  the  Board  of  Estimate  and  Apportionment,  and 
it  was  done,  not  because  those  items  were  not  highly  desirable,  but  be¬ 
cause  it  was  recognized  that  the  financial  authorities  were  pressed  for 
funds,  and  these  items  were  of  less  importance. 

However,  the  Comptroller  is  very  much  in  error  if  his  statement  means 
that  the  Board  of  Education  is  content  with  the  allowances  made.  The 
principal  portion  of  the  educational  funds  is  that  for  teachers’  salaries 
known  as  the  General  School  Fund.  The  Board  of  Education  asked  for  this 


purpose  for  1915,  the  sum  of . $34,769,195  01 

The  Board  of  Estimate  and  Apportionment  allowed .  32,759,695  92 

a  cut  of .  $2,009,497  09 


But  in  the  City  of  New  York  the  Board  of  Aldermen  may  also  reduce  an 
estimate,  and  that  body  decided  to  make  further  reduction,  announcing 
that  they  were  cutting  15  per  cent,  of  the  allowance  made  by  the  Board 
of  Estimate  and  Apportionment  for  new  teachers,  which  meant  a  further 

reduction  in  the  teachers’  salary  fund  of . .$150,000 

The  Board  of  Education  did  not  expect  the  Board  of  Estimate  and  Ap¬ 
portionment  to  make  a  cut  of  the  size  which  they  did,  and  it  certainly  did 
not  expect  the  Board  of  Aldermen  to  further  reduce  the  then  too  meagre 
allowance.  It  may  be  stated  that  the  Board  of  Education  submits  its  esti¬ 
mate  in  most  minute  detail,  so  that  it  was  possible  for  the  Board  of  Esti¬ 
mate  and  Apportionment  to  determine  precisely  the  items  which  it  desired 
to  reduce.  Some  of  the  items  are  of  fluctuating  character,  and,  as  such,  are 
matters  of  judgment  and  estimate,  both  on  the  part  of  the  Board  of  Edu¬ 
cation,  and  on  the  part  of  the  Board  of  Estimate  and  Apportionment.  In 
such  cases  the  Board  of  Estimate  and  Apportionment  made  enthusiastically 
liberal  cuts.  Two  items,  however,  deserve  special  mention: 

( a )  Owing  to  litigation  regarding  the  eligibility  of  certain  persons  to 
teach  grades  of  the  last  two  years  in  day  elementary  schools,  formal  promo¬ 
tions  have  been  withheld  for  some  time  and  upper  grade  classes  have  been 
filled  by  persons  who  have  temporarily  waived  the  statutory  rate  of  pay. 
Anticipating  a  decision  by  the  State  Commissioner  of  Education  an  item  of 
$265,093.33  was  placed  in  our  departmental  estimate  for  1915  to  provide 
for  making  about  1,000  formal  promotions.  At  the  time  the  estimate  was 
considered  by  the  Board  of  Estimate  and  Apportionment  a  decision  had 
not  been  rendered;  consequently  this  item  was  entirely  cut  out  by  that 
board.  Decision  having  now  been  rendered,  the  item  has  again  been  sub¬ 
mitted  to  the  financial  authorities  in  the  shape  of  a  request  for  Special 


11 


Revenue  Bonds  to  ma^e  promotions  effective  from  the  opening  of  the  fall 
term.  Request  for  this  item  has,  therefore,  been  renewed,  although  in 
a  smaller  sum  due  to  a  shorter  period  of  time. 

(&)  We  now  come  to  a  very  vital  item,  namely,  the  item  for  new  teach¬ 
ers,  etc.,  to  fill  vacancies  and  new  positions.  From  this  item  the  Board  of 
Estimate  and  Apportionment  either  cut  new  positions  or  failed  to  make 
full  allowances  of  money  for  the  positions  which  they  did  allow  to  an 
amount  aggregating  $470,306.45,  and,  as  stated  above,  the  Board  of  Aider- 
men  joined  in  the  onslaught  by  reducing  this  item  $150,000  more,  making 
a  total  reduction  of  $620,306.45.  Of  this  amount  $77,400  applied  to  the 
taking  of  the  school  census,  required  by  law,  and  the  enforcement  of  the 
Compulsory  Education  Law  and  the  Newsboys’  Law.  The  Board  of  Edu¬ 
cation  was  undoubtedly  justified  in  expecting  to  receive  allowances  for 
practically  all  of  these  new  positions.  There  was  every  indication  at  the 
time  the  estimate  was  considered  that  they  were  necessary,  and  every  de¬ 
velopment  from  that  time  to  this  tends  to  support  the  original  figures. 

The  result  of  these  severe  cuts  is  that  the  Board  of  Education,  in  order 
to  keep  within  its  appropriations  for  teachers’  salaries,  has  been  obliged 
to  resort  to  the  questionable  expedients  of  forming  extra  large  classes  and 
employing  substitutes  in  vacancies  at  lower  rates  of  pay  than  would  be 
drawn  by  teachers  regularly  appointed.  It  is  now  confronted  with  the 
proposition  of  deciding  to  what  extent,  if  at  all,  it  shall  conduct  summer 
schools.  There  is  also  every  indication  that  some  of  the  fall  evening 
activities  will  have  to  be  abandoned  or  greatly  reduced.  The  evil  effects 
of  these  expedients  are  not  at  once  apparent.  Schools  go  on,  so  far  as 
ordinary  observation  is  concerned,  in  the  usual  manner.  It  is  not  at  once 
evident  that  there  is  a  well-defined  impairment  of  the  quality  of  the  educa¬ 
tion  imparted.  These  the  Board  of  Education  very  strongly  deplores  but 
finds  itself  helpless  to  remedy. 

The  above  applies  to  the  regular  day  activities.  So  far  as  the  salary 
items  for  the  special  activities  are  concerned,  consisting  of  evening  schools, 
vacation  schools,  playgrounds,  recreation  centres,  baths,  after  school  athletic 
centres  and  lecturers’  fees,  the  Board  of  Estimate  and  Apportionment 
allowed  substantially  the  same  amounts  as  for  1914,  except  in  the  follow¬ 
ing  cases: 

(а)  Salaries  for  vacation  school,  teachers  were  disallowed  entirely.  The 
sum  of  $72,596.74  was  spent  for  this  purpose  in  1914. 

(б)  The  allowance  for  vacation  playgrounds  was  increased  from  $85,000 
in  1914  to  $100,000  for  1915. 

(c)  The  allowance  for  recreation  centres  was  decreased  from  $100,000  in 
1914  to  $50,000  in  1915. 

From  the  items  requested  in  1915  in  the  Special  School  Fund,  which 
covers  all  current  expenditures  except  salaries  of  the  supervising  and 
teaching  staff,  the  Board  of  Estimate  and  Apportionment  cut  the  sum  of 
$396,747.81.  Part  of  this  was  on  account  of  discretionary  items,  such  as 


12 


referred  to  previously,  which  were  disallowed  in  whole  or  in  part.  The 
balance  of  the  cut  in  this  fund  is  distributed  over  a  great  number  of  items 
of  supplies  and  equipment,  also  items  for  maintenance  and  operation  of 
plant,  salaries  of  administrative  force,  etc. 

Given  pupils  and  teachers  and  you  have  schools.  Cuts  from  a  general 
school  fund  may  mean  inability  to  employ  teachers.  Hence  cuts  from  the 
General  School  Fund  are  a  greater  evil  than  cuts  from  the  Special  School 
Fund,  which  may  only  mean  inability  to  supply  the  luxuries  of  education, 
such  as  adequate  housing,  supplies  and  equipment.  The  increase  in  the 
General  School  Fund  for  1915  over  1914  is  but  3.41  per  cent.,  the  lowest 
per  cent,  of  increase  since  1903,  when  it  was  3.29  per  cent. 

3.  The  Board  of  Estimate  and  Apportionment  Alone  fs  Responsible  to 
Tax-Payers — the  Board  of  Education  Not  at  All 

The  Comptroller  stated  that  the  Board  of  Estimate  and  Apportionment 
alone  is  responsible  to  tax-payers — The  Board  of  Education  owes  no 
responsibility  to  the  tax-payers.  He  concluded  from  this  ex  parte  declara¬ 
tion  that  it  was  proper  for  the  Board  of  Estimate  and  Apportionment  to 
exercise  its  judgment  as  to  expenditures  for  education.  Exception  must 
be  taken  to  the  Comptroller’s  attitude  that  the  Board  of  Estimate  and 
Apportionment  alone  is  responsible  to  the  tax-payers,  and  must  conse¬ 
quently  control  educational  affairs.  We  find  expressed  here  a  very  usual 
attitude  assumed  by  elective  officers;  to  wit,  that  a  certificate  of  election 
is  a  blanket  commission  to  work  one’s  will  or  fancy  in  all  branches  whatso¬ 
ever  of  governmental  endeavor.  It  does  not  follow  from  the  fact  that  the 
Board  of  Estimate  and  Apportionment  has  a  part  in  the  fixing  of  the 
tax  rate,  that  they  alone  have  sole  responsibility  for  all  branches  of 
city  government.  It  may  be  they  feel  their  part  of  the  responsibility  the 
more  keenly  because  the  tax  rate  is  the  political  bugaboo  of  elective  officers, 
for  increase  in  tax  rate  may  be  considered  sufficient  cause  for  enforced 
retirement  from  office.  However,  responsibility  other  than  the  regulation  of 
the  tax  rate  is  owing  to  the  tax-payers  of  a  community.  One  lias  but  to 
inspect  the  educational  section  of  the  Greater  New  York  Charter  (see 
quotations  later)  to  discover  that  upon  the  Board  of  Education  is  placed 
inclusive  and  exclusive  responsibility  for  the  conduct  of  a  system  of  public 
education.  This  duty  does  not  devolve  upon  the  Board  of  Estimate  and 
Apportionment.  It  does  devolve  upon  the  Board  of  Education. 

The  Comptroller  asks  the  question  “Who  is  responsible  if  the  Board  of 
Education  is  entirely  wrong:  If  the  Board  of  Education  is  profligate  with 
money  that  is  appropriated  for  its  purposes?”  He  answers  “The  Board  of 
Estimate  and  Apportionment.”  This  is  not  so.  It  is  a  fact  in  law  and 
also  in  public  estimation  that  the  Board  of  Education  is  responsible  for 
the  school  system. 

Many  court  decisions  attest  the  first,  and  the  public  press  bears  witness 
to  the  second. 


13 


4.  A  Paid  Board  of  Five  Could  Save  Millions  of  Dollars 

If  millions  of  dollars  can  be  saved  in  the  educational  system,  such  amount 
is  either  being  expended  to  meet  a  legitimate  public  demand,  or  is  being 
expended  for  objects  which  are  useless  and  not  in  public  demand.  If  the 
former,  what  activities  are  to  be  abandoned?  If  the  latter,  then  there 
must  be  somewhere  in  the  school  system  an  excrescence  of  such  magnitude 
that  even  the  inexpert  might  unhesitatingly  point  it  out.  Where  is  this 
needless  expenditure  running  into  millions?  Educational  activities  have 
been  almost  continuously  under  investigation  for  the  last  five  years.  Have 
these  investigators  pointed  out  the  places  where  millions  might  be  saved? 
One  investigator,  at  least,  called  the  attention  of  the  Board  of  Estimate 
and  Apportionmeift  to  the  fact  that  the  regular  day  elementary  schools  are 
undermanned,  and  that  the  corps  should  be  increased. 

It  requires  but  little  imagination  to  foresee  the  relationship  which  a 
paid  board,  organized  as  the  Comptroller  advocates,  would  have  to  the 
financial  authorities.  The  payment  of  salary  would,  of  itself,  destroy  the 
independence  of  the  board,  for  it  is  unlikely  that  memb'ers  would  act  in 
a  manner  to  prejudice  their  perpetuation  in  office.  The  office  of  member 
of  the  Board  of  Education  would  become  a  part  of  the  “spoils”  system. 
There  probably  would  be  greater  harmony  on  financial  matters  between  a 
paid  board  and  the  Board  of  Estimate  and  Apportionment,  for  the  reason 
that  it  would  be  easier  to  convey  unofficial  suggestions  or  instructions  to 
a  paid  board  of  five,  appointed  by  the  Mayor  for  the  city  at  large,  than 
it  is  to  influence  in  the  same  manner  a  large  unpaid  board  with  feelings  of 
local  sympathy  and  responsibility.  A  suggestion  would  be  an  order,  and 
the  whispered  word  in  camera  would  take  the  place  of  public  discussion  and 
deliberation. 

In  general,  the  advocates  of  the  paid  board  seem  to  surround  their  pro¬ 
gram  with  considerable  secrecy.  Is  such  a  board  to  have  financial  inde¬ 
pendence  or  to  occupy  a  position  subservient  to  the  Board  of  Estimate  and 
Apportionment,  as  advocated  by  the  Comptroller?  Is  such  a  board  to  be 
legislative  or  executive  in  character,  or  both?  If  members  are  to  be  paid, 
as  the  Comptroller  advocates,  it  is  natural  to  assume  that  .all  the  time  of 
the  members  will  be  devoted  to  educational  service.  It  follows,  then,  that 
they  will  perform  a  certain  amount  of  executive  and  administrative  work, 
for  legislative  work  or  policy  determining  work  could  not  occupy  their 
whole  time.  If  they  are  to  perform  executive  and  administrative  work,  it  is 
pertinent  to  remember  that  the  present  statutes  provide  high  technical 
qualifications  for  positions  of  this  kind,  as  for  example,  the  City  Superin¬ 
tendent  of  Schools,  Superintendent  of  Buildings,  et  al.  Are  similar  high 
qualifications  in  mind  for  members  of  the  small  paid  board? 

Recurring  again  to  the  statement  of  the  Comptroller  that  a  paid  board  of 
five  members  could  save  money — millions  it  is  claimed — there  will  probably 
never  be  a  time  when  keen  discernment  will  not  disclose  some  place  where 
economies  may  be  effected  without  loss  to  the  service.  The  present  Board 


14 


of  Education  has  devoted  much  time  to  this  subject,  but  it  is  doubtful 
whether  they  will  ever  measure  up  to  the  standard  set  by  the  Comptroller 
for  his  paid  board,  for  it  is  recognized  that  mere  refraining  from  spending 
money  does  not  necessarily  constitute  economy.  The  present  board  there¬ 
fore  chooses  to  proceed  with  the  patient  wisdom  that  goes  with  medicine, 
rather  than  the  ruthlessness  that  goes  with  surgery. 

5.  Drafting  Kegular  Day  School  Teachers  for  Summer  Work 

There  is  a  matter  of  principle  involved  in  this  proposition  which  perhaps 
ordinarily  would  not  concern  the  committee,  and  were  it  not  for  the  fact 
that  the  Comptroller  referred  to  it  at  some  length,  nothing  would  be  said 
regarding  it.  It  is  a  fact,  as  we  all  know,  that  the  Board  of  Estimate  and 
Apportionment  disallowed  the  item  for  teachers’  salaries  in  Vacation 
Schools.  The  Comptroller  stated  that  the  main  purpose  of  the  Board  of 
Estimate  and  Apportionment  in  disallowing  the  request  for  $76,152  was 
not  to  save  money,  but  to  compel  regular  day  school  teachers  to  lengthen 
out  their  service. 

The  Comptroller  states  that  there  were  “32”  of  these  schools  employing 
“772  out  of  the  thousands  of  teachers  employed.”  The  inference  is  that 
all  of  the  teachers  were  regular  day  school  teachers  who  sought  service  in 
the  vacation  schools.  Correctly  speaking  there  were  33  regular  vacation 
schools  conducted  in  1914,  and  one  vacation  trade  school,  and  one  school 
with  opportunity  classes  only,  and  a  school  for  the  mentally  defective 
children,  a  total  of  36  schools.  There  were  742  persons  (not  772  as  the 
Comptroller  states)  including  principals  in  these  36  schools.  Out  of  the 
742  persons,  406  had  been  regular  day  school  teachers.  It  was,  therefore, 
unlikely  from  the  start  that  volunteers  could  be  obtained  for  this  service. 

The  Comptroller  strongly  advocates  compulsory  service,  and  he  quotes  in 
this  respect  abstracts  from  the  annual  reports  of  City  Superintendent  Max¬ 
well  and  the  United  States  Commissioner  of  Education.  There  are  many 
who  favor  a  lengthening  of  the  school  year,  but,  if  I  apprehend  their  reason¬ 
ing  correctely,  it  is  not  that  they  desire  to  force  the  teachers  to  serve  a 
longer  period  of  time  at  the  same  compensation,  but  that  the  schools 
shall  be  kept  open  for  the  benefit  of  the  pupils.  In  other  words,  the  good 
of  the  pupils,  not  the  mulcting  of  the  teachers,  is  the  purpose.  The 
Comptroller  argues  that  because  teachers  in  New  York  City  are  paid  on  an 
annual  basis  that  it  is  proper  and  appropriate  for  the  Board  of  Education 
to  compel  this  service.  These  remarks  raise  the  question  as  to  the  basis 
upon  which  teachers’  pay  has  been  fixed.  From  time  immemorial  the  school 
year  in  the  City  of  New  York  has  been  as  it  now  is.  It  is  idle,  therefore, 
to  contend  that,  with  all  of  the  intensive  attention  which  has  been  given 
to  teachers’  salaries,  the  fact  has  been  lost  sight  of  that  their  salaries 
covered  less  than  a  year’s  service. 

Aside  from  the  legality  of  the  question,  which  is  open  to  serious  doubt, 
and  aside  from  the  impossibility  of  making  equitable  assignments  of 


15 


teachers  for  the  summer  work,  there  is  a  taint  of  sharp  practice  in  the- 
suggestion  of  compelling  service.  The  Board  of  Education  is  considering 
this  proposition.  It  is  unwilling  as  a  matter  of  technical  right  (assuming 
that  such  right  exists)  to  impose  compulsory  service  in  a  field  which  has 
always  been  considered  separate  and  distinct  from  the  regular  duties  of 
teachers,  and  for  which  it  has  been  considered  proper  and  equitable  to  pay 
extra  compensation.  The  practice  in  New  York  City,  it  is  believed,  is 
general  throughout  the  country  where  summer  service  has  been  carried  on. 
If  these  activities  are  worth  conducting,  they  are  worth  their  cost. 


Relations  Between  the  Board  of  Estimate  and  Apportionment  and 
the  Board  of  Education 

The  Comptroller  states  that  there  has  been  friction  between  the  Board  of 
Estimate  and  Apportionment  and  the  Board  of  Education,  and  that  there 
probably  always  will  be  while  the  law  remains  as  it  is.  Let  us,  therefore, 
examine  the  statutes  with  a  view  to  locating  responsibility  for  this  un¬ 
fortunate  condition. 

The  following  specific  provisions  of  law  appear  in  the  educational  chapter 
of  the  Greater  New  York  Charter: 

The  present  Board  of  Education  succeeded  to  all  the  powers,  duties 
and  functions  of  the  school  boards  and  became  subject  to  such  further 
functions  and  duties  as  are  provided  by  the  Greater  New  York  Charter. 
(Section  1058.) 

“All  moneys  raised  for  educational  purposes  *  *  *  shall  be  raised, 

in  two  funds.  *  *  *  The  Special  School  Fund  shall  contain  and  em¬ 
brace  all  money  *  *  *  not  comprised  in  the  General  School  Fund. 
*  *  *  It  shall  be  the  duty  of  the  Board  of  Estimate  and  Apportion¬ 

ment  and  of  the  board  of  aldermen  to  indicate  in  the  budget  in  raising 
the  special  school  fund  the  respective  amounts  thereof  which  shall  be 
available  for  use  in  the  several  boroughs.  The  general  school  fund  shall 
be  raised  in  bulk  and  for  the  city  at  large.  The  board  of  education  shall 
have  power  to  administer  and  shall  administer  all  moneys  appropriated 
or  available  for  educational  purposes.”  (Section  1060.)  . 

“There  shall  be  *  *  *  a  board  of  education  which  shall  have  the 

management  and  control  of  the  public  schools  and  of  the  public  school 
system  of  the  city,  subject  to  the  general  statutes  of  the  State  relating 
to  public  schools  and  public  school  instruction,  and  to  the  provisions  of 
this  act.”  (Section  1061.) 

“For  the  purposes  of  this  Chapter,  the  board  of  education  *  *  * 

shall  possess  the  powers  and  privileges  of  a  corporation.”  (Section  1062.) 

“The  board  of  education  shall  administer  all  moneys  appropriated  or 
available  *  *  *  subject  to  the  general  provisions  of  this  act  relating 

to  the  audit  and  payment  of  salaries  and  other  claims  by  the  department 
of  finance.”  (Section  1064.) 

(Please  observe  that  the  Comptroller  can  only  refuse  upon  the 

ground  of  fraud — vide  “Gunnison”  decision  to  pay  claims  admitted  by 

the  Board  of  Education.) 

“The  board  of  education  shall  have  power,  subject  to  the  provisions  of' 
law  and  of  this  act,  to  enact  by-laws,  rules  and  regulations  for  the  proper 
execution  of  all  duties  devolved  upon  the  board  *  *  *  for  regulating 

the  manner  or  making  disbursements  from  any  of  the  funds  apportioned 


16 


to  any  borough  ( i .  e.,  the  special  school  fund)  for  school  purposes,  for 
the  proper  execution  of  all  powers  vested  in  it  by  law,  and  for  the  pro¬ 
motion  of  the  welfare  and  best  interests  of  the  public  schools  and  the 
public  school  system  of  the  city  in  the  matters  committed  to  its  care.” 
(Section  1068.) 

In  addition  to  the  above  provisions  of  the  Charter  of  the  City  of 
New  York,  Section  220  of  the  State  Education  Law  provides: 

(Boards  of  Education  corporate  bodies ) 

“The  Board  of  Education  of  each  union  free  school  district  or  city  is 
hereby  created  a  body  corporate.  *  *  *” 

It  appears  that  the  principal  relationship  between  the  Board  of  Estimate 
and  Apportionment  and  the  Board  of  Education  is  on  the  question  of  funds. 
The  law  provides  that  no  moneys  can  be  raised  for  educational  purposes 
except  they  be  raised  in  two  funds;  that  the  General  School  Fund  must  be 
raised  in  bulk;  that  the  Special  School  Fund  shall  be  segregated  only  to 
the  extent  of  indicating  the  amounts  thereof  which  are  available  for  use 
in  the  several  boroughs;  and  that  not  only  has  the  Board  of  Education 
power  to  administer  these  funds,  but  it  shall  administer  them,  this  latter 
provision  appearing  twice  in  the  law. 

It  is  plain  that,  when  the  Board  of  Estimate  and  Apportionment  adopts 
minute  segregations  within  these  two  funds,  they  do,  by  that  act,  admin¬ 
ister  the  funds,  a  function  which  the  law  imposes  upon  the  Board  of  Edu¬ 
cation,  and  denies  to  the  Board  of  Estimate  and  Apportionment.  Now 
in  what  manner  has  the  Board  of  Estimate  and  Apportionment  obeyed  the 
plain  provisions  of  statute?  First,  for  some  years,  the  Board  of  Estimate 
and  Apportionment,  in  granting  the  General  School  Fund,  sought  to  con¬ 
dition  the  allowance  in  excess  of  three  mills  upon  the  acceptance  by  the 
Board  of  Education  of  an  apportionment  of  the  entire  General  School 
Fund,  by  items,  in  amounts  stipulated  by  the  Board  of  Estimate  and  Ap¬ 
portionment.  They  continue  to  “recommend”  an  apportionment  despite 
an  opinion  of  the  Corporation  Counsel  that  they  are  without  authority  to 
make  such  segregation.  It  is  true  that  the  Board  of  Education  has  not 
always  followed  precisely  the  apportionment  of  the  Board  of  Estimate  and 
Apportionment.  This  has  been  one  of  the  causes  of  dissension  between  the 
two  bodies, 

In  the  Special  School  Fund  it  has  become  the  practice  of  the  Board  of 
Estimate  and  Apportionment  to  grant  many  items  aside  from  the  borough 
segregations.  For  example,  there  are  131  separate  segregations  in  the 
Special  School  Fund  for  1915,  and,  in  addition  to  salary  accounts,  these 
are  again  subdivided  into  what  are  known  as  “schedule  lines,”  some  449 
in  number.  Resolutions  adopted  by  the  Board  of  Estimate  and  Apportion¬ 
ment  give  each  one  of  these  schedule  lines  and  segregations  the  force  and 
effect  of  a  separate  appropriation,  from  which  the  Board  of  Education 
may  not  deviate  except  by  consent  of  the  Board  of  Estimate  and  Appor¬ 
tionment.  The  Special  School  Fund  for  the  year  1915  is  thus  scattered 
among  580  items,  whereas  under  the  plain  terms  of  the  statutes  the 


17 


Board  of  Estimate  and  Apportionment  is  limited  to  indicating  the  amounts 
‘‘which  shall  be  available  for  use  in  the  several  boroughs.”  This  minute 
segregation  leads  to  much  loss  of  time,  and  we  frequently  find  ourselves 
almost  hopelessly  barred  and  circumscribed;  accomplishment  lags  and 
waits  upon  a  multiplicity  of  resolutions  of  the  Board  of  Education  and  the 
Board  of  Estimate  and  Apportionment. 

Under  the  circumstances,  is  not  the  Board  of  Estimate  and  Apportion¬ 
ment  rather  completely  administering  the  Special  School  Fund?  Surely 
the  Board  of  Education  is  not  “administering”  these  “moneys  appropriated 
or  available  for  educational  purposes”  or  “regulating  the  manner  of  making 
disbursements”  from  these  funds. 

In  addition,  certain  of  the  functions  of  the  Board  of  Education  have  been 
wrested  from  it  by  the  financial  authorities.  As,  for  instance,  the  matter 
of  leasing  buildings,  lighting  schools,  submission  of  plans  and  specifications 
for  new  buildings  to  other  departments,  etc. 

In  both  the  Moore  and  Goodnow-Howe  school  inquiry  reports  the  stand 
was  taken  that  the  Board  of  Estimate  and  Apportionment  in  the  matter 
of  attempted  control  of  funds  and  diversion  of  educational  functions  was 
exceeding  its  legal  authority. 


Conclusion 

It  is  important  that  constitutional  provisions  be  prepared  with  delibera¬ 
tion,  that  they  express  the  knowledge  and  experience  of  law  and  practice, 
that  they  be  passed  without  reference  to  passing  judgment  or  personal 
opinion.  Therefore,  I  believe  that  upon  this  committee  there  has  been  laid 
a  peculiar  duty,  which  is  to  guard  the  welfare  of  the  common  schools 
against  the  dangers  and  disputes  engendered  by  political  and  administra¬ 
tive  changes  in  our  cities.  I  believe  that  whatever  provisions  may  be  made, 
it  should  be  established  that : 

1.  EDUCATION  OF  THE  CHILDREN  OF  THIS  STATE  SHALL  BE  A 
FUNCTION  OF  THIS  STATE  AND  UNDER  THE  CONTROL  OF  THE 
STATE. 

2.  THE  LEGISLATURE  SHALL  PROVIDE  FOR  THE  MAINTENANCE 
AND  SUPPORT  OF  A  SYSTEM  OF  FREE  COMMON  SCHOOLS 
WHERE  THE  CHILDREN  OF  THIS  STATE  MAY  BE  EDUCATED. 

3.  THE  LEGISLATURE  BY  APPROPRIATE  LEGISLATION  SHALL 
FURTHER  PROVIDE  THAT  BOARDS  OF  EDUCATION  OR  OTHER 
LIKE  BODIES  FOR  EACH  AND  EVERY  CITY  SHALL  BE  AN  IN¬ 
TEGRAL  PART  OF  SUCH  STATE  EDUCATIONAL  SYSTEM. 

4.  ALL  FUNDS  FOR  EDUCATIONAL  PURPOSES  SHALL  BE  RAISED 
BY  SEPARATE  TAX  AT  A  RATE  AND  IN  A  MANNER  TO  BE 
PRESCRIBED  BY  THE  LEGISLATURE. 

5.  NO  PROVISION  OF  THIS  CONSTITUTION  SHALL  BE  INTER¬ 
PRETED  AS  ALIENATING  FROM  THE  STATE,  THE  POWER  OF 
CONTROLLING  AND  ADMINISTERING  THE  SYSTEM  OF  COMMON 
SCHOOLS  OR  OF  OTHERWISE  LEGISLATING  AND  PROVIDING 
THEREFOR. 


18 


Appendix  1 


PROVISIONS  AFFECTING  EDUCATION  IN 
CONSTITUTIONS  OF 


Alabama 

Arizona 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 


Nebraska 

Nevada 

New  Hampshire 
New  Jersey 
New  Mexico 
New  York 
North  Carolina 
North  Dakota 
Ohio 

Oklahoma 

Oregon 

Pennsylvania 

Rhode  Island 

South  Carolina 

South  Dakota 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

West  Virginia 

Wisconsin 

Wyoming 


ALABAMA  CONSTITUTION— 1908 
Article  XIV 

256.  The  Legislature  shall  establish,  organize  and  maintain  a  liberal 
system  of  public  schools  throughout  the  State  for  the  benefit  of  the  children 
thereof  between  the  ages  of  seven  and  twenty-one  years.  The  public  school 
fund  shall  be  apportioned  to  the  several  counties  in  proportion  to  the 
number  of  school  children  of  school  age  therein,  and  shall  be  so  appor¬ 
tioned  to  the  schools  in  the  districts  or  townships  in  the  counties  as  to 
provide,  as  nearly  as  practicable,  school  terms  of  equal  duration  in  such 
school  districts  or  townships.  Separate  schools  shall  be  provided  for  white 
and  colored  children,  and  no  child  of  either  race  shall  be  permitted  to  attend 
a  school  of  the  other  race. 

257.  The  principal  of  all  funds  arising  from  the  sale  or  other  disposition  of 
lands  or  other  property,  which  has  been  or  may  hereafter  be  granted  or 
entrusted  to  this  State  or  given  by  the  United  States  for  educational  pur¬ 
poses  shall  be  preserved  inviolate  and  undiminished;  and  the  income 
arising  therefrom  shall  be  faithfully  applied  to  the  specific  object  of  the 
original  grants  or  appropriations. 

258.  All  lands  or  other  property  given  by  individuals,  or  appropriated 
by  the  State  for  educational  purposes  and  all  estates  of  deceased  persons 
who  may  die  without  leaving  a  will  or  heir  shall  be  faithfully  applied  to 
the  maintenance  of  the  public  schools. 

259.  All  poll  taxes  collected  in  this  state  shall  be  applied  to  the  support 
of  the  public  schools  in  the  respective  counties  where  collected. 

260.  The  income  arising  from  the  Sixteenth  Section  trust  fund,  the  sur¬ 
plus  revenue  fund,  until  it  is  called  for  by  the  United  States  government, 


19 


and  the  funds  enumerated  in  Sections  257  and  258  of  this  Constitution, 
together  with  a  special  annual  tax  of  thirty  cents  on  each  one  hundred 
dollars  of  taxable  property  in  this  State,  which  the  Legislature  shall  levy, 
shall  be  applied  to  the  support  and  maintenance  of  the  public  schools, 
and  it  shall  be  the  duty  of  the  Legislature  to  increase  the^public  school  fund 
from  time  to  time  as  the  necessity  therefor,  and  the  condition  of  the 
treasury  and  the  resources  of  the  State  may  justify;  provided,  that  nothing 
herein  contained  shall  be  so  construed  as  to  authorize  the  Legislature  to 
levy  in  one  year  a  greater  rate  of  State  taxation  for  all  purposes,  including 
schools,  than  sixty-five  cents  on  each  one  hundred  dollars’  worth  of  taxable 
property;  and  provided  further  that  nothing  herein  contained  shall  pre¬ 
vent  the  Legislature  from  first  providing  for  the  payment  of  bonded  in¬ 
debtedness  of  the  State  and  interest  thereon  out  of  all  the  revenues  of  the 
State. 

261.  Not  more  than  four  per  cent,  of  all  moneys  raised  or  which  may 
hereafter  be  appropriated  for  the  support  of  public  schools,  shall  be  used 
or  expended  otherwise  than  for  the  payment  of  teachers  employed  in  such 
schools;  provided,  that  the  Legislature  may,  by  a  vote  of  two-thirds  of 
each  House,  suspend  the  operation  of  this  section. 

262.  The  supervision  of  the  public  schools  shall  be  vested  in  a  Superin¬ 
tendent  of  Education,  whose  powers,  duties  and  compensation  shall  be 
fixed  by  law. 

263.  No  money  raised  for  the  support  of  the  public  schools  shall  be  ap¬ 
propriated  to  or  used  for  the  support  of  any  sectarian  or  denominational 
school. 

264.  The  State  University  shall  be  under  the  management  and  control 
of  a  board  of  trustees,  which  shall  consist  of  two  members  from  the  con¬ 
gressional  district  in  which  the  University  is  located,  one  from  each  of 
the  other  congressional  districts  of  the  State,  the  superintendent  of 
education  and  the  governor,  who  shall  be  ex-officio  president  of  the  board. 
The  members  of  the  board  of  trustees  as  now  constituted  shall  hold  office 
until  their  respective  terms  expire  under  existing  law,  and  until  their 
successors  shall  be  elected  and  confirmed  as  hereinafter  required.  Suc¬ 
cessors  to  those  trustees  whose  terms  expire  in  1902  shall  hold  office  until 
1907 ;  successors  to  those  trustees  whose  terms  expire  in  1904  shall  hold 
office  until  1911;  successors  to  those  trustees  whose  terms  expire  in  1906 
shall  hold  office  until  1915;  and  thereafter  their  successors  shall  hold 
office  for  a  term  of  12  years.  When  the  term  of  any  member  of  such 
board  shall  expire,  the  remaining  members  of  the  board  shall  by  secret 
ballot  elect  his  successor;  provided  that  any  trustee  so  elected  shall  hold 
office  from  the  date  of  his  election  until  his  confirmation  or  rejection  by 
the  senate,  and  if  confirmed,  until  the  expiration  of  the  term  for  which 
he  was  elected,  and  until  his  successor  is  elected.  At  every  meeting  of  the 
legislature  the  Superintendents  of  Education  shall  certify  to  the  senate 
the  names  of  all  who  shall  have  been  so  elected  since  the  last  session  of 
the  legislature,  and  the  senate  shall  confirm  or  reject  them,  as  it  shall 
determine  is  for  the  best  interest  of  the  University.  If  it  rejects  the 
names  of  any  members,  it  shall  thereupon  elect  trustees  in  the  stead  of 
those  rejected.  In  case  of  a  vacancy  on  said  board  by  death  or  resignation 
of  a  member,  or  from  any  cause  other  than  the  expiration  of  his  term 
of  office,  .the  board  shall  elect  his  successor  who  shall  hold  office  until  the 
next  session  of  the  legislature.  No  trustee  shall  receive  any  pay  or  emolu¬ 
ment  other  than  his  actual  expenses  incurred  in  the  discharge  of  his 
duties  as  such. 

265.  After  the  ratification  of  this  constitution  there  shall  be  paid  out 
of  the  treasury  of  this  State  at  the  time  and  in  the  manner  provided  by 
law  the  sum  of  not  less  than  thirty-six  thousand  dollars  per  annum  as 


20 


Interest  on  the  funds  of  the  University  of  Alabama  heretofore  covered  into 
the  treasury  for  the  maintenance  and  support  of  said  institution;  provided 
that  the  legislature  shall  have  the  power  at  any  time  they  deem  proper 
for  the  best  interest  of  said  University  to  abolish  the  military  system  of 
said  institution,  or  reduce  the  said  system  to  a  department  of  instrucion, 
and  that  such  action  on  the  part  of  the  legislature  shall  not  cause  any 
diminution  of  the  amount  of  the  annual  interest  payable  out  of  the 
treasury  for  the  support  and  maintenance  of  said  university. 

266.  The  Ala.  Polytechnic  Institute,  formerly  called  the  Agricultural 
and  Mechanical  College,  shall  be  under  the  management  and  control  of  a 
board  of  trustees,  which  shall  consist  of  two  members  from  the  con¬ 
gressional  district  in  which  the  institute  is  located,  and  one  from  each 
of  the  other  congressional  districts  of  the  state,  the  state  superintendent 
of  education  and  the  governor,  who  shall  be  ex-officio  president  of  the 
board.  The  trustees  shall  be  appointed  by  the  governor,  by  and  with  the 
consent  and  advice  of  the  senate,  and  shall  hold  office  for  a  term  of  twelve 
years  and  until  their  successors  shall  be  appointed  and  qualified.  The 
board  shall  be  divided  into  three  classes,  as  nearly  equal  as  may  be, 
so  that  one-third  may  be  chosen  quadriennially.  Vacancies  occurring  in 
the  office  of  trustees  from  death  or  resignation,  and  the  vacancies  regu¬ 
larly  occurring  in  the  year  1905  shall  be  filled  by  the  governor  and  such 
appointees  shall  hold  office  until  the  next  meeting  of  the  legislature. 
Successors  to  those  trustees  whose  terms  expire  in  1903  shall  hold  office 
'until  1911;  successors  to  those  trustees  whose  terms  expire  in  1905,  shall 
hold  office  until  1915,  and  successors  to  those  whose  terms  expire  in  1907 
shall  hold  office  until  1919.  No  trustee  shall  receive  any  pay  or  emolument 
other  than  his  actual  expenses  incurred  in  the  discharge  of  his  duty  as 
such. 

267.  The  legislature  shall  not  have  power  to  change  the  location  of  the 
state  university  or  the  Ala.  Poly.  Inst,  or  the  Ala.  School  for  the  Deaf 
and  the  Blind,  or  the  Ala.  Girls’  Industrial  School;  as  now  established  by 
law,  except  upon  a  vote  of  two-thirds  of  the  legislature  taken  by  yeas 
and  nays  and  entered  upon  the  journals. 

268.  The  legislature  shall  provide  for  taking  a  school  census  by  town¬ 
ships  and  districts  throughout  the  state  not  oftener  than  once  in  two  years, 
and  shall  provide  for  the  punishment  of  all  persons  or  officers  making  false 
or  fraudulent  remunerations  and  returns,  provided  the  state  superintendent 
of  education  may  order  and  supervise  the  taking  of  a  new  census  in  any 
township,  district,  or  county,  whenever  he  may  have  reasonable  cause  to 
believe  that  false  or  fraudulent  returns  have  been  made. 

269.  The  several  counties  in  this  state  shall  have  power  to  levy  and  col¬ 
lect  a  special  tax  not  exceeding  ten  cents  on  each  one  hundred  dollars  of 
taxable  property  in  such  counties,  for  the  support  of  public  schools;  pro¬ 
vided  that  the  rate  of  such  tax,  the  time  it  is  to  continue,  and  the  purpose 
thereof,  shall  have  been  first  submitted  to  a  vote  of  the  qualified  electors 
of  the  county,  and  voted  for  by  three-fifths  of  those  voting  at  such 
elections;  but  the  rate  of  such  special  tax  shall  not  increase  the  rate  of 
taxation,  state  and  county  combined,  in  any  one  year  to  more  than  $1.25 
on  each  one  hundred  dollars  of  taxable  property,  excluding,  however,  all 
special  county  taxes  for  public  buildings,  roads,  bridges  and  the  payment 
of  debts  existing  at  the  ratification  of  the  constitution  of  1875.  The 
funds  arising  from  such  special  school  tax  shall  be  so  apportioned  and 
paid  through  the  proper  school  officials  to  the  several  schools  in  the  town¬ 
ships  and  districts  in  the  county  that  the  school  terms  of  the  respective 
schools  shall  be  extended  by  such  supplement  as  nearly  the  same  length 
of  time  as  practicable;  provided  that  this  section- shall  not  apply  to  the 
cities  of  Decatur,  New  Decatur,  and  Cullman. 


21 


270.  The  provisions  of  this  article  and  of  any  act  of  the  legislature 
passed  in  pursuance  thereof  to  establish,  organize  and  maintain  a  system 
of  public  schools  throughout  the  state  shall  apply  to  Mobile  County  only 
so  far  as  to  authorize  and  require  the  authority  designated  by  law  to 
draw  the  portions  of  the  fund  to  which  their  county  shall  be  entitled  for 
school  purposes,  and  to  make  reports  to  the  superintendent  of  education 
as  may  be  prescribed  by  law,  and  all  special  incomes  and  powers  of  taxa¬ 
tion  as  now  authorized  by  law  for  the  benefit  of  public  schools  in  said 
county  shall  remain  undisturbed  until  otherwise  provided  by  the  legisla¬ 
ture;  provided  that  separate  schools  for  each  race  shall  always  be  main¬ 
tained  by  said  authorities. 

Note!: — There  have  been  no  other  amendments.  See  letters  from  Secre¬ 
tary  of  State,  January  23,  1911,  December,  1913. 

ARIZONA  CONSTITUTION— 1914 
Article  XI 

Section  1.  The  legislature  shall  enact  such  laws  as  shall  provide  for 
the  establishment  and  maintenance  of  a  general  and  uniform,  public-school 
system,  which  system  shall  include  kindergarten  schools,  common  schools, 
high  schools,  normal  schools,  industrial  schools,  and  a  university  (which 
shall  include  an  agricultural  college,  a  school  of  mines,  and  such  other 
technical  schools  as  may  be  essential,  until  such  time  as  it  may  be  deemed 
advisable  to  establish  separate  State  institutions  of  such  character).  The 
legislature  shall  also  enact  such  laws  as  shall  provide  for  the  education 
and  care  of  the  deaf,  dumb,  and  blind. 

Section  2.  The  general  conduct  and  supervision  of  the  public  school 
system  shall  be  vested  in  a  State  board  of  education,  a  State  superintendent 
of  public  instruction,  county  school  superintendents,  and  such  governing 
boards  for  the  State  institutions  as  may  be  provided  by  law. 

Section  3.  The  State  board  of  education  shall  be  composed  of  the  fob 
lowing  members:  The  governor,  the  superintendent  of  public  instruction, 
the  president  of  the  university,  and  principals  of  the  State  normal  schools, 
a  principal  of  a  high  school,  and  a  county  superintendent  of  schools,  to 
be  appointed  by  the  governor.  The  powers  and  duties  of  the  board  shall 
be  such  as  prescribed  by  law.  The  members  of  the  board  shall  serve  with¬ 
out  pay,  but  all  their  necessary  expenses  incurred  in  attending  meetings 
of  the  board,  and  for  printing,  shall  be  provided  for  by  law. 

Section  4.  The  State  superintendent  of  public  instruction  shall  be  a 
member  and  secretary  of  the  State  board  of  education  and  ex-officio,  a 
member  of  any  other  board  having  control  of  public  instruction  in  any 
State  institution.  His  powers  and  duties  shall  be  prescribed  by  law. 

Section  5.  The  regents  of  the  university  and  the  governing  boards  of 
other  State  educational  institutions  shall  be  appointed  by  the  governor, 
except  that  the  governor  shall  be,  ex-officio,  a  member  of  the  board  of 
regents  of  the  university. 

Section  6.  The  university  and  all  other  State  educational  institutions 
shall  he  open  to  students  of  both  sexes,  and  the  instruction  furnished  shall 
be  as  nearly  free  as  possible. 

The  legislature  shall  provide  for  a  system  of  common  schools,  by  which 
a  free  school  shall  be  established  and  maintained  in  every  school  district 
for  at  least  six  months  in  each  year,  which  school  shall  be  open  to  all 
pupils  between  the  ages  of  6  and  21  years. 

Section  7.  No  sectarian  instruction  shall  be  imparted  in  any  school  or 
State  educational  institution  that  may  be  established  under  this  constitu¬ 
tion,  and  no  religious  or  political  test  or  qualification  shall  ever  be  required 


22 


as  a  condition  of  admission  into  any  public  educational  institution  of  the 
State  as  teacher,  student  or  pupil;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  justify  practices  or  conduct  incon¬ 
sistent  with  the  good  order,  peace,  morality,  or  safety  of  the  State,  or  with 
the  rights  of  others. 

Section  8.  A  permanent  State  school  fund  for  the  use  of  the  common 
schools  shall  be  derived  from  the  sale  of  public  school  lands  or  other 
public  lands  specified  in  the  enabling  act  approved  June  20,  1910;  from 
all  estates  or  distributive  shares  of  estates  that  may  escheat  to  the  State; 
from  all  unclaimed  shares  and  dividends  of  any  corporation  incorporated 
under  the  laws  of  Arizona;  and  from  all  gifts,  devises,  or  bequest  made  to 
the  State  for  general  educational  purposes. 

The  income  derived  from  the  investment  of  the  permanent  State  school 
fund,  and  from  the  rental  derived  from  school  lands,  with  such  other  funds 
as  may  be  provided  by  law  shall  be  apportioned  annually  to  the  various 
counties  of  the  State  in  proportion  to  the  number  of  pupils  of  school  age 
residing  therein. 

Section  9.  The  amount  of  this  apportionment  shall  become  a  part  of  the 
county  school  fund,  and  the  legislature  shall  enact  such  laws  as  will 
provide  for  increasing  the  county  fund  sufficiently  to  maintain  all  the 
public  schools  of  the  county  for  a  minimum  term  of  six  months  in  every 
school  year.  The  laws  of  the  State  shall  enable  cities  and  towns  to  main¬ 
tain  free  high  schools,  industrial  schools,  and  commercial  schools. 

Section  10.  The  revenue  for  the  maintenance  of  the  respective  State 
educational  institutions  shall  be  derived  from  the  investment  of  the  pro¬ 
ceeds  of  the  sale,  and  from  the  rental  of  such  lands  as  have  been  set  aside 
by  the  enabling  act  approved  June  20,  1910,  or  other  legislative  enactment 
of  the  United  States  for  the  use  and  benefit  of  the  respective  State  educa¬ 
tional  institutions.  In  addition  to  such  income  the  legislature  shall  make 
such  special  appropriations  as  shall  provide  for  their  development  and 
improvement. 

CONSTITUTION  OF  ARKANSAS,  AMENDED  TO  1906 
Article  XIV 
Education 

Section  1.  Intelligence  and  virtue  being  the  safeguards  of  liberty  and 
the  bulwark  of  a  free  and  good  government,  the  State  shall  ever  maintain 
a  general,  suitable  and  efficient  system  of  free  schools,  whereby  all  per¬ 
sons  in  the  State,  between  the  ages  of  six  and  twenty-one  years,  may 
receive  gratuitous  instruction. 

Section  2.  No  money  or  property  belonging  to  the  public  school  fund 
or  to  this  State,*  for  the  benefit  of  schools  or  universities  shall  ever  be 
used  for  any  other  than  for  the  respective  purposes  to  which  it  belongs. 

Section  3.  The  general  assembly  shall  provide  by  general  laws  for  the 
support  of  common  schools  by  taxes,  which  shall  never  exceed  in  any  one 
year  two  mills  on  the  dollar  of  the  taxable  property  of  the  State;  and  by 
an  annual  per  capita  tax  of  one  dollar,  to  be  assessed  on  every  male  inhab¬ 
itant  of  this  State,  over  the  age  of  twenty-one  years;  PROVIDED,  The 
general  assembly  may,  by  general  law,  authorize  school  districts  to  levy,  by 
a  vote  of  the  qualified  electors  of  such  district,  a  tax,  not  to  exceed  five 
mills  on  the  dollar  in  any  one  year  for  school  purposes;  PROVIDED 
FURTHER,  That  no  such  tax  shall  be  appropriated  to  any  other  purpose, 
nor  to  any  other  district  than  that  for  which  it  was  levied. 

Section  4.  The  supervision  of  public  schools,  and  the  execution  of  the 


23 


laws  regulating  the  same,  shall  be  vested  in  and  confided  to,  such  officers 
as  may  be  provided  for  by  the  general  assembly. 

(Amendment  September  3,  1906.) 

“Article  XIV,  Section  3.  The  general  assembly  shall  provide  by  gen¬ 
eral  laws  for  the  support  of  common  schools  by  taxes,  which  shall  never 
exceed  in  any  one  year  three  mills  on  the  dollar  on  the  taxable  property 
of  the  State,  and  by  an  annual  per  capita  tax  of  one  dollar,  to  be  assessed 
on  every  male  inhabitant  of  this  State  over  the  age  of  twenty-one  years. 
Provided  the  general  assembly  may,  by  general  law,  authorize  school 
districts  to  levy  by  a  vote  of  the  qualified  electors  of  such  district  a  tax 
not  to  exceed  seven  mills  on  the  dollar  in  any  one  year  for  school  pur¬ 
poses.  Provided  further,  that  no  such  tax  shall  be  appropriated  to  any 
other  purpose  nor  to  any  other  district  than  that  for  which  it  was 
levied.” 

CALIFORNIA  CONSTITUTION— AMENDED  TO  NOVEMBER  5,  1912 

Article  IX 


Encouragement  of  Education. 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being  essen¬ 
tial  to  the  preservation  of  the  rights  and  liberties  of  the  people,  the  Legis¬ 
lature  shall  encourage  by  all  suitable  means  the  promotion  of  intellectual, 
scientific,  moral,  and  agricultural  improvement. 

Superintendent  of  Public  Instruction 

Section  2.  A  Superintendent  of  Public  Instruction  shall,  at  each  guber¬ 
natorial  election  after  the  adoption  of  this  Constitution,  be  elected  by 
the  qualified  electors  of  the  State.  He  shall  receive  a  salary  equal  to  that 
of  the  Secretary  of  State,  and  shall  enter  upon  the  duties  of  his  office  on 
the  first  Monday  after  the  first  day  of  January  next  succeeding  his 
election. 

County  Superintendent  of  Schools 

Section  3.  A  superintendent  of  schools  for  each  county  shall  be  elected 
by  the  qualified  electors  thereof  at  each  gubernatorial  election:  PRO¬ 
VIDED,  that  the  Legislature  may  authorize  two  or  more  counties  to  unite 
and  elect  one  superintendent  for  the  counties  so  uniting. 

State  School  Fund 

Section  4.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 
by  the  United  States  to  this  State  for  the  support  of  common  schools  which 
may  be,  or  may  have  been,  sold  or  disposed  of,  and  the  five  hundred 
thousand  acres  of  land  granted  to  the  new  States  under  an  act  of  Con¬ 
gress  distributing  the  proceeds  of  the  public  lands  among  the  several 
States  of  the  Union,  Approved  A.  D.  one  thousand  eight  hundred  and 
forty-one,  and  all  estates  of  deceased  persons  who  may  have  died  without 
leaving  a  will  or  heir,'  and  also  such  per  cent,  as  may  be  granted,  or  may 
have  been  granted,  by  Congress  on  the  sale  of  lands  in  this  State,  shall 
be  and  remain  a  perpetual  fund,  the  interest  of  which,  together  with  all 
the  rents  of  the  unsold  lands,  and  such  other  means  as  the  Legislature 
may  provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  State. 

Common  Schools,  System  of 

Section  5.  The  legislature  shall  provide  for  a  system  of  common  schools 
by  which  a  free  school  shall  be  kept  up  and  supported  in  each  district  at 


24 


least  six  months  in  every  year,  after  the  first  year  in  which  a  school  has 
been  established. 

Public  School  System  and  Tax 

Section  6.  The  public  school  system  shall  include  day  and  evening 
elementary  schools,  and  such  day  and  evening  secondary  schools,  normal 
schools  and  technical  schools  as  may  be  established  by  the  legislature,  or 
by  municipal  or  district  authority.  The  entire  revenue  derived  from  the 
State  School  Fund  and  from  the  General  State  School  Tax  shall  be  applied 
exclusively  to  the  support  of  day  and  evening  elementary  schools;  but  the 
Legislature  may  authorize  and  cause  to  be  levied  a  special  State  school 
tax,  for  the  support  of  day  and  evening  secondary  schools  and  technical 
schools,  or  either  of  such  schools,  included  in  the  public  school  system  and 
all  revenue  derived  from  such  special  tax  shall  be  applied  exclusively  to 
the  support  of  the  schools  for  which  such  special  tax  shall  be  levied. 
(Amendment  adopted  November  3,  1908.) 

State  Board  of  Education — Text  Books,  County  Boards  of  Education 

Section  7.  The  Governor,  the  Superintendent  of  Public  Instruction,  the 
President  of  the  University  of  California,  and  the  professor  of  pedagogy 
therein  and  the  principals  of  the  State  normal  schools  shall  constitute  the 
State  Board  of  Education,  and  shall  compile,  or  cause  to  be  compiled  and 
adopt  a  uniform  series  of  text-books  for  use  in  the  common  schools 
throughout  the  State. 

The  State  board  may  cause  such  text-books  when  adopted,  to  be  printed, 
and  published  by  the  Superintendent  of  State  Printing,  at  the  State  Print¬ 
ing  Office;  and  when  so  printed  and  published,  to  be  distributed  and  sold 
at  the  cost  price  of  printing,  publishing  and  distributing  the  same.  The 
text-books,  so  adopted,  shall  continue  in  use  not  less  than  four  years,  with¬ 
out  change  or  alteration  whatsoever  which  will  require  or  necessitate  the 
purchase  of  new  books  by  such  pupils,  and  said  State  board  shall  perform 
such  other  duties  as  may  be  prescribed  by  law.  The  Legislature  shall 
provide  for  a  board  of  education  in  each  county  in  the  State.  The  county 
superintendents  and  the  county  boards  of  education  shall  have  control  of 
the  examination  of  teachers  and  the  granting  of  teachers’  certificates 
within  their  respective  jurisdiction.  (Amendment  adopted  October  10, 
1911.) 

Amended  November  5,  1912. 

Section  7.  The  legislature  shall  provide  for  the  appointment  or  election 
of  a  State  board  of  education,  and  said  board  shall  provide,  compile  or 
cause  to  be  compiled,  and  adopt,  a  uniform  series  of  text-books  for  use  in 
the  day  and  evening  elementary  schools  throughout  the  State.  The  State 
board  may  cause  such  text  books,  when  adopted,  to  be  printed  and  pub¬ 
lished  by  the  superintendent  of  State  printing,  at  the  State  printing  office; 
and  wherever  and  however  such  text  books  may  be  printed  and  published, 
they  shall  be  furnished  and  distributed  by  the  State  free  of  cost  or  any 
charge  whatever,  to  all  children  attending  the  day  and  evening  elementary 
schools  of  the  State,  under  such  conditions  as  the  legislature  shall  pre¬ 
scribe.  The  text  books,  so  adopted,  shall  continue  in  use  not  less  than 
four  years,  without  change  or  alteration  whatsoever  which  will  require 
or  necessitate  the  furnishing  of  new  books  to  such  pupils,  and  said  State 
board  shall  perform  such  other  duties  as  may  be  prescribed  by  law.  The 
legislature  shall  provide  for  a  board  of  education  in  each  county  in  the 
State.  The  county  superintendents  and  the  county  boards  of  education 
shall  have  control  of  the  examination  of  teachers  and  the  granting  of 
teachers’  certificates  within  their  respective  jurisdictions. 


25 


Sectarian  Schools — Appropriating  Money  for ,  Prohibited 

Section  8.  No  public  money  shall  ever  be  appropriated  for  the  support 
of  any  sectarian  or  denominational  school,  or  any  school  not  under  the 
exclusive  control  of  the  officers  of  the  public  schools;  nor  shall  any 
sectarian  or  denominational  doctrine  be  taught,  or  instruction  thereon  be 
permitted  directly  or  indirectly,  in  any  of  the  common  schools  of  this 
State. 

University  of  California 

Section  9.  The  University  of  California  shall  constitute  a  public  trust, 
and  its  organization  and  government  shall  be  perpetually  continued  in  the 
form  and  character  prescribed  by  the  Organic  Act  creating  the  same, 
passed  March  twenty-third,  eighteen  hundred  and  sixty-eight  ( and  the 
several  acts  amendatory  thereof),  subject  only  to  such  legislative  control 
as  may  be  necessary  to  insure  compliance  with  the  term  of  its  endowments, 
and  the  proper  investment  and  security  of  its  funds.  It  shall  be  entirely 
independent  of  all  political  or  sectarian  influence,  and  kept  free  therefrom 
in  the  appointment  of  its  regents,  and  in  the  administration  of  its  affairs; 
PROVIDED,  that  all  moneys  derived  from  the  sale  of  the  public  lands 
donated  to  this  State  by  Act  of  Congress,  approved  July  second,  eighteen 
hundred  and  sixty- two  (and  the  several  acts  amendatory  thereof),  shall  be 
invested  as  provided  by  said  acts  of  Congress,  and  the  interest  of  said 
moneys  shall  be  inviolably  appropriated  to  the  endowment,  support,  and 
maintenance  of  at  least  one  college  of  agriculture,  where  the  leading 
objects  shall  be  (without  excluding  other  scientific  and  classical  studies, 
and  including  military  tactics)  to  teach  such  branches  of  learning  as  are 
related  to  scientific  and  practical  agriculture  and  the  mechanic  arts,  in 
accordance  with  the  requirements  and  conditions  of  said  acts  of  Congress, 
and  the  legislature  shall  provide  that  if,  through  neglect,  misappropria¬ 
tion,  or  any  other  contingency,  any  portion  of  the  funds  so  set  apart. shall 
be  diminished  or  lost,  the  State  shall  replace  such  portion  so  lost  or  mis¬ 
appropriated,  so  that  the  principal  thereof  shall  remain  forever  undimin¬ 
ished.  No  person  shall  be  debarred  admission  to  any  of  the  collegiate 
departments  of  the  University  on  account  of  sex. 

Leland  Stanford  Junior  University 

Section  10.  The  trust  and  estates  created  for  the  founding,  endowment 
and  maintenance  of  the  Leland  Stanford  Junior  University,  under  and  in 
accordance  with  “An  Act  to  Advance  Learning,”  etc.,  approved  March 
ninth,  eighteen  hundred  and  eighty-five,  by  the  endowment  grant  executed 
by  Leland  Stanford  and  Jane  Lanthrop  Stanford  on  the  eleventh  day  of 
November,  A.  D.  eighteen  hundred  and  eighty-five,  and  recorded  in  liber 
eighty-three  of  deeds,  at  page  twenty-three,  et.  seq.,  records  of  Santa  Clara 
County,  and  by  the  amendments  of  such  grant,  and  by  gifts,  grants,  be¬ 
quests  and  devises  supplementary  thereto,  and  by  confirmatory  grants,  are 
permitted,  approved  and  confirmed.  The  board  of  trustees  of  the  Leland 
Stanford  Junior  University,  as  such,  or  in  the  name  of  the  institution,  or 
by  other  intelligible  designation  of  the  trustees  of  the  institution,  may 
receive  property,  real  or  personal,  and  wherever  situated,  by  gift,  grant, 
devise,  or  bequest  for  the  benefit  of  the  institution,  or  of  any  department 
thereof,  and  such  property,  unless  otherwise  provided,  shall  be  held  by 
the  trustees  of  the  Leland  Stanford  Junior  University  upon  the  trust  pro¬ 
vided  for  in  the  grant  founding  the  university,  and  amendments  thereof, 
and  grants,  bequests  and  devises  supplementary  thereto.  The  legislature, 
by  special  act,  may  grant  to  the  trustees  of  the  Leland  Stanford  Junior 
University  corporate  powers  and  privileges,  but  it  shall  not  thereby  alter 


26 


their  tenure,  or  limit  their  powers  or  obligations  as  trustees.  All  property 
now  or  hereafter  held  in  trust  for  the  founding,  maintenance  or  benefit  of 
the  Leland  Stanford  Junior  University,  or  of  any  department  thereof,  may 
be  exempted  by  special  act  from  State  taxation,  and  all  personal  property 
so  held,  the  Palo  Alto  farm  as  described  in  the  endowment  grant  to  the 
trustees  of  the  university,  and  all  other  real  property  so  held  and  used  by 
the  university  for  educational  purposes  exclusively,  may  be  similarly  ex¬ 
empted  from  county  and  municipal  taxation;  PROVIDED,  that  residents 
of  California  shall  be  charged  no  fees  for  tuition  unless  such  fees  be 
authorized  by  act  of  the  legislature.  (New  section,  adopted  November  6, 
1900.) 

California  School  of  Mechanical  Arts 

Section  11.  All  property  now  or  hereafter  belonging  to  “The  California 
School  of  Mechanical  Arts,”  an  institution  founded  and  endowed  by  the 
late  James  Lick  to  educate  males  and  females  in  the  practical  arts  of  life, 
and  incorporated  under  the  laws  of  the  State  of  California,  November  23, 
1885,  having  its  school  buildings  located  in  the  city  and  county  of  San 
Francisco,  shall  be  exempt  from  taxation.  The  trustees  of  said  institution 
must  anually  report  their  proceedings  and  financial  accounts  to  the  Gov¬ 
ernor.  The  legislature  may  modify,  suspend  and  revive  at  will  the  exemp¬ 
tion  from  taxation  herein  given.  (New  section,  adopted  November  6,  1900.) 

California  Academy  of  Sciences 

Section  12.  All  property  now  or  hereafter  belonging  to  the  “California 
Academy  of  Sciences,”  an  institution  for  the  advancement  of  science  and 
maintenance  of  a  free  museum,  and  chiefly  endowed  by  the  late  James 
Lick,  and  incorporated  under  the  laws  of  the  State  of  California,  January 
16,  1871,  having  its  buildings  located  in  the  city  and  county  of  San  Fran¬ 
cisco,  shall  be  exempt  from  taxation.  The  trustees  of  said  institution  must 
annually  report  their  proceedings  and  financial  accounts  to  the  Governor. 
The  legislature  may  modify,  suspend  and  revise  at  will  the  exemption  from 
*  taxation  herein  given.  (New  section,  adopted  November  8,  1904.) 

Cogswell  Poly  technical  College 

Section  13.  All  property  now  or  hereafter  belonging  to  the  Cogswell 
Polytechnical  College,  an  institution  for  the  advancement  of  learning  in¬ 
corporated  under  the  laws  of  the  State  of  California,  and  having  its  build¬ 
ings  located  in  the  city  and  county  of  San  Francisco,  shall  be  exempt  from 
taxation.  The  trustees  of  said  institution  must  annually  report  their  pro¬ 
ceedings  and  financial  accounts  to  the  Governor.  The  legislature  may 
modify,  suspend  and  revive  at  will  the  exemption  from  taxation  herein 
given.  (New  section,  adopted  November  6,  1906.) 


A  proposed  amendment  to  the  Constitution  entitled  “Adoption  and 
Amendment  of  the  Municipal  Charter,”  providing  that  any  city,  state  or 
county  containing  a  population  of  more  than  3,500  inhabitants,  may  adopt 
charters  subject  to  the  permission  of  the  legislature  and  CONSISTENT 
WITH  AND  SUBJECT  TO  THIS  CONSTITUTION,  was  adopted  in  1914. 

(Note — Even  in  giving  this  power,  the  municipalities  would  have  to 
record  the  provision  for  State  control  contained  in  the  constitution.) 

(An  amendment  to  the  constitution  exempting  educational  institutions 
from  taxation  was  adopted  in  1914.) 


27 


CONSTITUTION  OF  COLORADO— AMENDED  TO  1914 
Article  IX 
Education 

Section  1.  The  general  supervision  of  the  public  schools  of  the  State 
shall  be  vested  in  a  board  of  education,  whose  powers  and  duties  shall  be 
prescribed  by  law;  the  superintendent  of  public  instruction,  the  secretary 
of  state,  and  the  attorney-general  shall  constitute  the  board,  of  which  the 
superintendent  of  public  instruction  shall  be  president. 

Section  2.  The  general  assembly  shall,  as  soon  as  practicable,  provide 
for  the  establishment  and  maintenance  of  a  thorough  and  uniform  system 
of  free  public  schools  throughout  the  State  wherein  all  residents  of  the 
State  between  the  ages  of  six  and  twenty-one  years  may  be  educated  gratu¬ 
itously.  One  or  more  public  schools  shall  be  maintained  in  each  school  dis¬ 
trict  within  the  State  at  least  three  months  in  each  year;  any  school  dis¬ 
trict  failing  to  have  such  school  shall  not  be  entitled  to  receive  any  portion 
of  the  school  fund  for  that  year. 

Section  3.  The  public  school  fund  of  the  State  shall  forever  remain  in¬ 
violate  and  intact;  the  interest  thereon  only  shall  be  expended  in  the 
maintenance  of  the  schools  of  the  State,  and  shall  be  distributed  among  the 
several  counties  and  school  districts  of  the  State  in  such  manner  as  may 
be  prescribed  by  law.  No  part  of  this  fund,  principal  or  interest,  shall 
ever  be  transferred  to  any  other  fund,  or  used  or  appropriated  except  as 
herein  provided.  The  State  treasurer  shall  be  the  custodian  of  this  fund, 
and  the  same  shall  be  securely  and  profitably  invested  as  may  be  by  law 
directed.  The  State  shall  supply  all  losses  thereof  that  may  in  any  man¬ 
ner  occur. 

Section  4.  Each  county  treasurer  shall  collect  all  school  funds  belong¬ 
ing  to  his  county,  and  the  several  school  districts  therein,  and  disburse  the 
same  to  the  proper  districts  upon  warrants  drawn  by  the  county  superin¬ 
tendent,  or  by  the  proper  district  authorities  as  may  be  provided  by  law. 

Section  5.  The  public  school  fund  of  the  State  shall  consist  of  the  pro¬ 
ceeds  of  such  lands  as  have  heretofore  been,  or  may  hereafter  be  granted  to 
the  State  by  the  General  Government  for  educational  purposes,  all  estates 
that  may  escheat  to  the  State;  also  all  other  grants,  gifts  or  devises  that 
may  be  made  to  this  State  for  educational  purposes. 

Section  6.  There  shall  be  a  county  superintendent  of  schools  in  each 
county  whose  term  of  office  shall  be  two  years,  and  whose  duties,  qualifica¬ 
tions,  and  compensation  shall  be  prescribed  by  law.  He  shall  be  ex-officio 
commissioner  of  lands  within  his  county,  and  shall  discharge  the  duties  of 
said  office  under  the  direction  of  the  State  Board  of  Land  Commissioners, 
as  directed  by  law. 

Section  7.  Neither  the  general  assembly,  nor  any  county,  city,  town, 
township,  school  district  or  other  public  corporation  shall  ever  make  any 
appropriation,  or  pay  from  any  school  fund  or  moneys  whatever,  anything 
in  aid  of  any  church  or  sectarian  society,  or  for  any  sectarian  purposes,  or 
to  help  support  or  sustain  any  school,  academy,  seminary,  college,  uni¬ 
versity,  or  other  literary  or  scientific  institution  controlled  by  any  church 
or  sectarian  denomination  whatsoever;  nor  shall  any  grant  or  donation  of 
land,  money,  or  other  personal  property  ever  be  made  by  the  State,  or  an}^ 
such  public  corporation,  to  any  church  or  for  any  sectarian  purpose. 

Section  8.  No  religious  test  or  qualification  shall  ever  be  required  of 
any  person  as-  a  condition  of  admission  into  any  public  educational  institu¬ 
tion  of  the  State,  either  as  teacher  or  student  and  no  teacher  or  student  of 
any  such  institution  shall  ever  be  required  to  attend  or  participate  in  any 


28- 


religious  service  whatsoever.  No  sectarian  tenets  or  doctrines  shall  ever 
be  taught  in  the  public  schools,  nor  shall  any  distinction  or  classification 
of  pupils  be  made  on  account  of  race  or  color. 

Section  9.  The  governor,  superintendent  of  public  instruction,  secretary 
of  state  and  attorney-general  shall  constitute  the  State  board  of  land  com¬ 
missioners,  who  shall  have  the  direction,  control  and  disposition  of  the 
public  lands  of  the  State,  under  such  regulations  as  may  be  prescribed  by 
law. 

Section  10.  It  shall  be  the  duty  of  the  State  board  of  land  commis¬ 
sioners  to  provide  for  the  location,  protection,  sale  or  other  disposition  of 
all  lands  heretofore,  or  which  may  hereafter  be,  granted  to  the  State  by  the 
General  Government,  under  such  regulations  as  may  be  prescribed  by  law, 
and  in  such  manner  as  will  secure  the  maximum  possible  amount  therefor. 
No  law  shall  ever  be  passed  by  the  general  assembly  granting  any  privileges 
to  persons  who  may  have  settled  upon  such  public  lands  subsequent  to  the 
survey  thereof  by  the  General  Government,  by  which  the  amount  to  be 
derived  by  the  sale,  or  other  disposition  of  such  lands,  shall  be  diminished, 
directly  or  indirectly.  The  general  assembly  shall,  at  the  earliest  prac¬ 
ticable  period,  provide  by  law  that  the  several  grants  of  land  made  by 
Congress  to  the  State  shall  be  judiciously  located  and  carefully  preserved 
and  held  in  trust  subject  to  disposal  for  the  use  and  benefit  of  the  respec¬ 
tive  objects  for  which  said  grants  of  land  were  made  and  the  general  as¬ 
sembly  shall  provide  for  the  sale  of  said  lands  from  time  to  time,  and  for 
the  faithful  application  of  the  proceeds  thereof  in  accordance  with  the 
terms  of  said  grants. 

Section  11.  The  general  assembly  may  require,  by  law,  that  every  child 
of  sufficient  mental  and  physical  ability  shall  attend  the  public  school 
during  the  period  between  the  ages  of  six  and  eighteen  years,  for  a  time 
equivalent  to  three  years,  unless  educated  by  other  means. 

Section  12.  There  shall  be  elected  by  the  qualified  electors  of  the  State 
at  the  first  general  election  under  this  constitution,  six  regents  of  the 
university,  who  shall,  immediately  after  their  election,  be  so  classified,  by 
lot,  that  two  shall  hold  office  for  the  term  of  two  years,  two  for  four  years 
and  two  for  six  years;  and  every  two  years  after  the  first  election  there 
shall  be  elected  two  regents  of  the  university  whose  term  of  office  shall  be 
six  years.  The  regents  thus  elected,  and  their  successors,  shall  constitute 
a  body  corporate,  to  be  known  by  the  name  and  style  of  '‘THE  REGENTS 
OF  THE  UNIVERSITY  OF  COLORADO.” 

Section  13.  The  Regents  of  the  University  shall,  at  their  first  meeting, 
or  as  soon  thereafter  as  practicable,  elect  a  president  of  the  university, 
who  shall  hold  office  until  removed  by  the  board  of  regents  for  cause;  he 
shall  be  ex-officio  a  member  of  the  board,  with  the  privilege  of  speaking, 
but  not  of  voting,  except  in  cases  of  a  tie;  he  shall  preside  at  the  meetings 
of  the  board,  and  be  the  principal  executive  officer  of  the  university,  and  a 
member  of  the  faculty  thereof. 

Section  14.  The  board  of  regents  shall  have  the  general  supervision  of 
the  university,  and  the  exclusive  control  and  direction  of  all  the  funds  of, 
and  appropriations  to,  the  university. 

Section  15.  The  general  assembly  shall,  by  law,  provide  for  organization 
of  school  districts  of  convenient  size,  in  each  of  which  shall  be  established 
a  board  of  education,  to  consist  of  three  or  more  directors,  to  be  elected  by 
the  qualified  electors  of  the  district.  Said  directors  shall  have  control  of 
instruction  in  the  public  schools  of  their  respective  districts. 

Section  16.  Neither  the  general  assembly  nor  the  State  board  of  educa¬ 
tion  shall  have  power  to  prescribe  text-books  to  be  used  in  the  public 
schools. 


Under  amendment  passed  in  1902  certain  municipal  corporations  were 

consolidated  into  a  “single  body”  politic  and  corporate,  by  the  name  of 

“The  City  and  County  of  Denver.” 

Section  5  of  said  amendment  provided  as  follows  (last  paragraph)  : 
No  charter,  amendment  or  measure  adopted  or  defeated  under  the  provi¬ 
sions  of  this  amendment  shall  be  amended,  repealed  or  revived,  except  by 
petition  and  electoral  vote.  And  no  such  charter,  charter  amendment  or 
measure  shall  diminish  the  tax  rate  for  State  purposes  fixed  by  act  of  the 
general  assembly,  or  interfere  in  any  wise  with  the  collection  of  State  taxes. 

Section  7.  School  Districts  Consolidated  (from  said  amendment). 

The  city  and  county  of  Denver  shall  alone  always  constitute  one  school 
district,  to  be  known  as  District  No.  1,  but  its  conduct,  affairs  and  business 
shall  be  in  the  hands  of  a  board  of  education,  consisting  of  such  numbers, 
elected  in  such  manner  as  the  general  school  laws  of  the  State  shall  pro¬ 
vide,  and  until  the  first  election  under  said  laws  of  a  full  board  of  educa¬ 
tion,  which  shall  be  had  at  the  first  election  held  after  the  adoption  of 
this  amendment,  all  the  directors  of  school  district  No.  1  and  the  respective 
presidents  of  the  school  boards  of  school  districts  Nos.  2,  7,  17  and  21  at 
the  time  this  amendment  takes  effect,  shall  act  as  such  board  of  education, 
and  all  districts  or  special  charters  now  existing  are  hereby  abolished. 

The  said  board  of  education  shall  perform  all  the  acts  and  duties  re¬ 
quired  to  be  performed  for  said  district  by  the  general  laws  of  the  State. 
Except  as  inconsistent  with  this  amendment,  the  general  school  laws  of  the 
State  shall,  unless  context  evinces  a  contrary  intent,  be  held  to  extend  and 
apply  to  the  said  District  No.  1.” 

Upon  the  annexation  of  any  contiguous  municipality  which  shall  include 
a  school  district  or  districts,  or  any  part  of  a  district,  said  school  district 
or  districts  or  part  shall  be  merged  in  said  “District  No.  1,”  which  shall 
then  own  all  the  property  thereof,  real  and  personal,  located  within  the 
boundaries  of  such  annexed  municipality,  and  shall  assume  and  pay  all  the 
bonds,  obligations  and  indebtedness  of  each  of  the  said  included  school  dis¬ 
tricts,  and  a  proper  proportion  of  those  partially  included  districts. 

Provided,  however,  that  the  indebtedness,  both  principal  and  interest, 
which  any  school  district  may  be  under  at  the  time  when  it  becomes  a  part 
of  this  amendment  or  by  annexation  of  said  “District  No.  1”  shall  be  paid 
by  said  school  district  so  owing  the  same  by  a  special  tax,  to  be  fixed  and 
certified  by  the  Board  of  Education  to  the  council,  which  shall  levy  the 
same  upon  the  property  within  the  boundaries  of  such  district  respectively, 
as  the  same  existed  at  the  time  such  district  becomes  a  part  of  said  “Dis¬ 
trict  No.  1,”  and  in  case  of  partially  included  districts,  such  tax  shall  be 
equitably  apportioned  upon  the  several  parts  thereof. 

Section  8.  Anything  in  the  constitution  of  the  State  in  conflict  or  in¬ 
consistent  with  the  provisions  of  this  amendment  is  hereby  declared  to  be 
inapplicable  to  the  matters  and  things  by  this  amendment  covered  and 
provided  for. 

CONNECTICUT  CONSTITUTION— In  force  January  1,  1914 
Article  VIII 

Section  1.  The  charter  of  Yale  College,  as  modified  by  agreement  with 
the  corporation  thereof,  in  pursuance  of  an  Act  of  the  General  Assembly, 
passed  in  May,  1792,  is  hereby  confirmed. 

Section  2.  The  fund,  called  the  School  fund,  shall  remain  a  perpetual 
fund,  the  interest  of  which  shall  be  inviolably  appropriated  to  the  support 
and  encouragement  of  the  public,  or  common  schools,  throughout  the  State, 
and  for  the  equal  benefit  of  all  the  people  thereof.  The  value  and  amount 


30 


of  said  fund  shall  as  soon  as  practicable,  be  ascertained  in  such  manner 
as  the  General  Assembly  may  prescribe,  published,  and  recorded  in  the 
Controller’s  office;  and  no  law  shall  ever  be  made,  authorizing  said  fund  to 
be  diverted  to  any  other  use  than  the  encouragement  and  support  of  public, 
or  common  schools,  among  the  several  school  societies,  as  justice  and  equity 
shall  require. 


CONSTITUTION  OF  DELAWARE— 1897 
Article  IX 
Education 

Section  1.  The  General  Assembly  shall  provide  for  the  establishment  and 
maintenance  of  a  general  and  efficient  system  of  free  public  schools,  and 
may  require  by  law  that  every  child,  not  physically  or  mentally  disabled, 
shall  attend  the  public  schools,  unless  educated  by  other  means. 

Section  2.  In  addition  to  the  income  of  the  investments  of  the  Public 
School  Fund,  the  General  Assembly  shall  make  provision  for  the  annual 
payment  of  not  less  than  one  hundred  thousand  dollars  for  the  benefit  of 
the  free  public  schools,  which,  with  the  income  of  the  investments  of  the 
Public  School  Fund,  shall  be  equitably  apportioned  among  the  school  dis¬ 
tricts  of  the  state  as  the  General  Assembly  shall  provide;  and  the  money 
so  apportioned  shall  be  used  exclusively  for  the  payment  of  teachers’  sala¬ 
ries  and  for  furnishing  free  text  books;  provided,  however,  that  in  such 
apportionment  no  distinction  shall  be  made  on  account  of  race  or  color, 
and  separate  schools  for  white  and  colored  children  shall  be  maintained. 
All  other  expenses  connected  with  the  maintenance  of  free  public  schools, 
and  all  expenses  connected  with  the  erection  or  repair  of  free  public  school 
buildings,  shall  be  defrayed  in  such  manner  as  shall  be  provided  by 
law. 

Section  3.  No  portion  of  any  fund  now  existing,  or  which  may  here¬ 
after  be  appropriated,  or  raised  by  tax,  for  educational  purposes,  shall  be 
appropriated  to  or  used  by,  or  in  aid  of,  any  sectarian,  church  or  denomina¬ 
tional  school;  provided  that  all  real  or  personal  property  used  for  school 
purposes,  where  the  tuition  is  free,  shall  be  exempt  from  taxation  and 
assessment  for  public  purposes. 

Section  4.  No  part  of  the  principal  or  income  of  the  Public  School  Fund 
now  or  hereafter  existing,  shall  be  used  for  any  other  purpose  than  the 
support  of  free  public  schools. 

CONSTITUTION  OF  FLORIDA — Amended  to  1894 
Article  XII 
Education 

Section  1.  The  Legislature  shall  provide  for  a  uniform  system  of  public 
free  schools,  and  shall  provide  for  the  liberal  maintenance  of  the  same. 

Section  2.  There  shall  be  a  Superintendent  of  Public  Instruction  whose 
duties  shall  be  prescribed  by  law,  and  whose  term  of  office  shall  be ‘four 
years  and  until  the  election  and  qualification  of  his  successor. 

Section  3.  The  Governor,  Secretary  of  State,  Attorney-General,  State 
Treasurer,  and  State  Superintendent  of  Public  Instruction,  shall  constitute 
a  body  corporate,  to  be  known  as  the  State  Board  of  Education*of  Florida, 
of  which  the  Governor  shall  be  President,  and  the  Superintendent  of 
Public  Instruction,  Secretary.  This  board  shall  have  power  to  remove  any 
subordinate  school  officer  for  cause,  upon  notice  to  the  incumbent;  and 
shall  have  the  management  and  investment  of  all  State  School  Funds 


31 


under  such  regulations  as  may  be  prescribed  by  law,  and  such  supervision 
of  schools  of  higher  grades  as  the  law  shall  provide. 

Section  4.  The  State  School  Fund,  the  interest  of  which  shall  be  ex¬ 
clusively  applied  to  the  support  and  maintenance  of  public  free  schools, 
shall  be  derived  from  the  following  sources: 

The  proceeds  of  all  lands  that  have  been  or  may  hereafter  be  granted 

to  the  State  by  the  United  States  for  public  school  purposes. 

Appropriations  by  the  State. 

Donations  to  the  State  when  the  purpose  is  not  specified. 

The  proceeds  of  escheated  property  or  forfeitures. 

Twenty-five  per  cent,  of  the  sales  of  public  lands  which  are  now 

or  hereafter  may  be  owned  by  the  State. 

Section  5.  The  principal  of  the  State  School  Fund  shall  remain  sacred 
and  inviolate. 

Section  6.  A  special  tax  of  one  mill  on  the  dollar  of  all  taxable  property 
in  the  State,  in  addition  to  the  other  means  provided,  shall  be  levied 
and  apportioned  annually  for  the  support  and  maintenance  of  public  free 
schools. 

Section  7.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
interest  of  the  State  School  Fund  and  the  special  tax  among  the  several 
counties  of  the  State  in  proportion  to  the  number  of  children  residing 
therein  between  the  ages  of  six  and  twenty-one  years  (Amended,  1894). 

Section  8.  Each  county  shall  be  required  to  assess  and  collect  annually 
for  the  support  of  public  free  schools  therein,  a  tax  of  not  less  than  three 
mills  or  more  than  -five  mills  on  the  dollar  of  all  taxable  property  in  the 
same. 

Section  9.  The  County  School  Fund  shall  consist,  in  addition  to  the  tax 
provided  for  iri>  section  eight  of  this  Article,  of  the  proportion  of  the  in¬ 
terest  of  the  State  School  Fund  and  of  the  one  mill  State  tax  apportioned 
to  the  county;  the  net  proceeds  of  all  fines  collected  under  the  penal  laws 
of  the  State  within  the  county;  all  capitalization  taxes  collected  within 
the  county  ;  and  shall  be  disbursed  by  the  County  Board  of  Public  Instruc¬ 
tion  solely  for  the  maintenance  and  support  of  public  free  schools. 

Section  10.  The  legislature  may  provide  for  the  division  of  any  county 
or  counties  into  convenient  school  districts,  and  for  the  election  biennially 
of  three  school  trustees,  who  shall  hold  their  office  for  two  years,  and  who 
shall  have  the  supervision  of  all  the  schools  within  the  district;  and  for 
the  levying  and  collection  of  a  district  school  tax,  for  the  exclusive  use 
of  public  free  schools  within  the  district  wherever  a  majority  of  the  quali¬ 
fied  electors  thereof  that  pay  a  tax  on  real  or  personal  property  shall  vote 
in  favor  of  such  a  levy,  Provided,  That  any  tax  authorized  by  this  section 
shall  not  exceed  three  mills  on  the  dollar  in  any  one  year  on  the  taxable 
property  of  the  district. 

Section  11.  Any  incorporated  town  or  city  may  constitute  a  school 
district.  The  fund  raised  by  section  10  may  be  expended  in  the  district 
where  levied  for  building  or  repairing  school  houses,  for  the  purchase  of 
school  libraries  and  text-books,  for  salaries  of  teachers  or  for  other  edu¬ 
cational  purposes,  so  that  the  distribution  among  all  the  schools  of  the 
district  be  equitable. 

Section  12.  White  and  colored  children  shall  not  be  taught  in  the  same 
school,  but  impartial  provision  shall  be  made  for  both. 

Section  13.  No  law  shall  be  enacted  authorizing  the  diversion  or  the 
lending  of  any  County  or  District  School  Funds,  or  the  appropriation  of 
any  part  of  the  permanent  or  available  school  fund  to  any  other  than  school 
purposes;  nor  shall  the  same,  or  any  part  thereof,  be  appropriated  to  or 
used  for  the  support  of  any  sectarian  school. 

Section  14.  The  Legislature  at  its  first  session  shall  provide  for  the 


32 


establishment,  maintenance  and  management  of  such  Normal  Schools,  not 
to  exceed  two,  as  the  interests  of  public  education  may  demand. 

Section  15.  The  compensation  of  all  county  school  officers  shall  be 
paid  from  the  school  fund  of  their  respective  counties,  and  all  other  county 
officers  receiving  stated  salaries  shall  be  paid  from  the  general  funds  of 
their  respective  counties. 

Amending  Article  XII,  Section  7,  1894 

Section  7.  Provision  shall  be  made  by  law  for  the  apportionment  and 
distribution  of  the  interest  on  the  State  School  Fund  and  all  other  means 
provided,  including  a  special  tax,  for  the  support  and  maintenance  of 
public  free  schools,  among  the  several  counties  of  the  State  in  proportion 
to  the  average  attendance  upon  schools  in  the  said  counties  respectively. 

CONSTITUTION  OF  GEORGIA— Amended  to  1898 
Article  VIII 
Education 
Section  I 

Paragraph  1  There  shall  be  a  thorough  system  of  common  schools  for 
the  education  of  children  in  the  elementary  branches  of  an  English  educa¬ 
tion  only,  as  nearly  uniform  as  practicable,  the  expense  of  which  shall  be 
provided  for  by  taxation,  or  otherwise.  The  schools  shall  be  free  to  all 
children  of  the  State,  but  separate  schools  shall  be  provided  for  the  white 
and  colored  races. 

Section  II 

Paragraph  1.  There  shall  be  a  State  School  Commissioner,  appointed  by 
the  Governor,  and  confirmed  by  the  Senate,  whose  term  of  office  shall  be 
two  years,  and  until  his  successor  is  appointed  and  qualified.  His  office 
shall  be  at  the  seat  of  government,  and  he  shall  be  paid  a  salary  not  to 
exceed  two  thousand  dollars  per  annum.  The  General  Assembly  may  sub¬ 
stitute  for  the  State  School  Commissioner  such  officer,  or  officers,  as  may 
be  deemed  necessary  to  perfect  the  system  of  public  education. 

Section  III 

Paragraph  1.  The  poll  tax,  any  educational  fund  now  belonging  to  the 
State  (except  the  endowment  of,  and  debt  due,  to  the  University  of  Geor¬ 
gia  ) ,  a  special  tax  on  shows  and  exhibitions,  and  of  the  sale  of  spirituous 
and  malt  liquors,  which  the  General  Assembly  is  hereby  authorized  to 
assess,  and  the  proceeds  of  any  commutation  tax  to  military  service,  and 
all  taxes  that  may  be  assessed  on  such  domestic  animals  as,  from  their 
nature  and  habits,  are  destructive  to  other  property,  are  hereby  set  apart 
and  devoted  for  the  support  of  common  schools. 

Section  IV 

Paragraph  1.  Authority  may  be  granted  to  counties,  upon  the  recom¬ 
mendation  of  two  grand  juries,  and  to  municipal  corporations,  upon  the 
recommendation  of  the  corporate  authority,  to  establish  and  maintain 
public  schools  in  their  respective  limits,  by  local  taxation;  but  no  such 
local  laws  shall  take  effect  until  the  same  shall  have  been  submitted  to  a 
vote  of  the  qualified  voters  in  each  county  or  municipal  corporation,  and 
approved  by  a  two-thirds  vote  of  the  persons  qualified  to  vote  at  such 
election;  and  the  General  Assembly  may  prescribe  who  shall  vote  on  such 
question. 


33 


Section  V 

Paragraph  1.  Existing  local  school  systems  shall  not  be  affected  by  this 
Constitution.  Nothing  contained  in  section  first  of  this  article  shall  be 
construed  to  deprive  schools  in  this  State,  not  common  schools,  from  par¬ 
ticipation  in  the  educational  fund  of  the  State,  as  to  all  pupils  therein 
taught  in  the  elementary  branches  of  an  English  education. 

Section  VI 

Paragraph  1.  The  Trustees  of  the  University  of  Georgia  may  .accept 
bequests,  donations  and  grants  of  land,  or  other  property,  for  the  use  of 
said  University.  In  addition  to  the  payment  of  the  annual  interest  on  the 
debt  due  by  the  State  to  the  University,  the  General  Assembly  may,  from 
time  to  time,  make  donations  thereto  as  the  condition  of  the  treasury  will 
authorize.  And  the  General  Assembly  may  also,  from  time  to  time,  make 
such  appropriations  of  money  as  the  condition  of  the  treasury  will  au¬ 
thorize  to  any  college  or  university  (not  exceeding  one  in  number)  now 
established,  or  hereafter  to  be  established,  in  this  State  for  the  education 
of  persons  of  color. 

Note: — “The  first  provision  incorporated  in  any  state  constitution  for 
the  establishment  and  maintenance  of  common  schools  was  in  Georgia.” 
Const.  1777,  Art.  54  (from  annotation  to  Section  1  of  Article  13  of  Con¬ 
stitution  of  Oklahoma.) 


CONSTITUTION  OF  IDAHO— Amended  to  1912 
Article  IX 

Section  1.  The  stability  of  a  republican  form  of  government  depending 
mainly  upon  the  intelligence  of  the  people,  it  shall  be  the  duty  of  the 
legislature  of  Idaho  to  establish  and  maintain  a  general,  uniform  and 
thorough  system  of  public  free  common  schools. 

Section  2.  The  general  supervision  of  the  State  educational  institutions 
and  public  school  system  of  the  State  of  Idaho,  shall  be  vested  in  a  State 
board  of  education,  the  membership,  powers  and  duties  of  which  shall  be 
prescribed  by  law.  The  State  Superintendent  of  Public  Instruction  shall  be 
ex-officio  member  of  said  board. 

(Adopted  November  5,  1912.) 

Section  3.  The  public  school  fund  of  the  State  shall  forever  remain 
inviolate  and  intact;  the  interest  thereon  only  shall  be  expended  in  the 
maintenance  of  the  schools  of  the  State,  and  shall  be  distributed  among  the 
several  counties  and  school  districts  of  the  State  in  such  manner  as  may 
be  prescribed  by  law.  No  part  of  this  fund,  principal  and  interest,  shall 
ever  be  transferred  to  any  other  fund  or  used  or  appropriated  except  as 
herein  provided.  The  State  treasurer  shall  be  the  custodian  of  this  fund, 
and  the  same  shall  be  securely  and  profitably  invested  as  may  be  by  law 
directed.  The  State  shall  supply  all  losses  thereof  that  may  in  any  manner 
occur. 

Section  4.  The  public  school  fund  of  the  State  shall  consist  of  the 
proceeds  of  such  lands  as  have  heretofore  been  granted,  or  may  hereafter 
be  granted  to  the  State  by  the  general  government,  known  as  school  lands, 
and  those  granted  in  lieu  of  such  lands  acquired  by  gift  or  grant  from  any 
person  or  corporation  under  any  law  or  giant  of  the  general  government; 
and  of  all  other  grants  of  land  or  money  made  to  the  State  by  the  general 
government  for  general  educational  purposes,  or  where  no  other  special 
purpose  is  indicated  in  such  grant;  all  estates  or  distributive  shares  of 
estates  that  may  escheat  to  the  State;  all  unclaimed  shares  and  dividends 
of  any  corporation  incorporated  under  the  laws  of  the  State;  and  all  other 


34 


grants,  gifts,  devises  or  bequests  made  to  the  State  for  general  educational 
purposes. 

Section  5.  Neither  the  legislature,  nor  any  county,  city,  town,  township, 
school  district  or  other  public  corporation  shall  ever  make  any  appropria¬ 
tion  or  pay  from  any  public  fund  or  moneys  whatever,  anything  in  aid  of 
any  church  or  sectarian  or  religious  society,  or  for  any  sectarian  or 
religious  purpose,  or  to  help  support  or  sustain  any  school,  academy, 
seminary,  college,  university  or  other  literary  or  scientific  institution  con¬ 
trolled  by  any  church,  sectarian  or  religious  "denomination  whatsoever;  nor 
shall  any  grant  or  donation  of  land,  money  or  other  personal  property  ever 
be  made  by  the  State  or  any  such  public  corporation  to  any  church  or  for 
any  sectarian  or  religious  purpose. 

Section  6.  No  religious  test  of  qualification  shall  ever  be  required  of 
any  person  as  a  condition  of  admission  into  any  public  educational  institu¬ 
tion  of  the  State,  either  as  a  teacher  or  student;  and  no  teacher  or  student 
of  any  such  institution  shall  ever  be  required  to  attend  or  participate  in 
any  religious  service  whatever.  No  sectarian  or  religious  tenets  or 
doctrines  shall  ever  be  taught  in  the  public  schools,  nor  shall  any  distinction 
or  classification  of  pupils  be  made  on  account  of  race  or  color.  No  books, 
papers,  tracts  or  documents  of  a  political,  sectarian  or  denominational 
character  shall  be  used  or  introduced  in  any  schools  established  under  the 
provisions  of  this  Article  nor  shall  any  teacher  nor  any  district  receive  any 
of  the  public  school  moneys  in  which  the  schools  have  not  been  taught  in 
accordance  with  the  provisions  of  this  article. 

Section  7  (amendment  No.  14).  The  Governor,  Superintendent  of  Public 
Instruction,  Secretary  of  State,  Attorney  General  and  State  Auditor  shall 
constitute  the  State  Board  of  Land  Commissioners,  who  shall  have  the 
direction,  control  and  disposition  of  the  public  lands  of  the  State,  under 
such  regulations  as  may  be  prescribed  by  law. 

(Adopted  November  8,  1910.) 

Section  8.  It  shall  be  the  duty  of  the  State  board  of  land  commissioners 
to  provide  for  the  location,  protection,  sale  or  rental  of  all  lands  hereto¬ 
fore,  or  which  may  hereafter  be  granted  to  the  State  by  the  general  govern¬ 
ment,  under  such  regulations  as  may  be  prescribed  by  law,  and  in  such  man¬ 
ner  as  will  secure  the  maximum  possible  amount  therefor :  Provided,  that 
no  school  lands  shall  be  sold  for  less  than  ten  dollars  per  acre.  No  law  shall 
ever  be  passed  by  the  legislature  granting  any  privileges  to  persons  who 
may  have  settled  upon  any  such  public  lands  subsequent  to  the  survey 
thereof  by  the  general  government  by  which  the  amount  to  be  derived  by 
the  sale  or  other  disposition  of  such  lands  shall  be  diminished,  directly  or 
indirectly.  The  legislature  shall,  at  the  earliest  practicable  period,  provide 
by  law  that  the  general  grants  of  land  made  by  Congress  to  the  State  shall 
be  judiciously  located  and  carefully  preserved  and  held  in  trust,  subject 
to  disposal  at  public  auction  for  the  use  and  benefit  of  the  respective  objects 
for  which  said  grants  of  land  were  made,  and  the  legislature  shall  provide 
for  the  sale  of  said  lands  from  time  to  time  and  for  the  sale  of  timber  on 
all  State  lands  and  for  the  faithful  application  of  the  proceeds  thereof  in 
accordance  with  the  terms  of  said  grants:  Provided,  that  not  to  exceed  25 
sections  of  school  lands  shall  be  sold  in  any  dne  year;  and  to  be  sold  in 
subdivisions  of  not  to  exceed  160  acres  to  any  one  individual,  company  or 
corporation. 

Section  9.  The  legislature  may  require  by  law  that  every  child  of 
sufficient  mental  and  physical  ability  shall  attend  the  public  school  through¬ 
out  the  period  between  the  ages  of  six  and  eighteen  years,  for  a  time  equiva¬ 
lent  to  three  years,  unless  educated  by  other  means. 

Section  10.  The  location  of  the  University  of  Idaho,  as  established  by 


35 


existing  laws,  is  hereby  confirmed.  All  the  rights,  immunities,  franchises 
and  endowments  heretofore  granted  thereto  by  the  territory  of  Idaho  are 
hereby  perpetuate  unto  the  said  university.  The  regents  shall  have  the 
general  supervision  of  the  university,  and  the  control  and  direction  of  all 
the  funds  of,  and  appropriations  to,  the  university,  under  such  regulations 
as  may  be  prescribed  by  law.  No  university  lands  shall  be  sold  for  less 
than  $10  per  acre,  and  in  subdivisions  not  to  exceed  160  acres  to  any  one 
person,  company  or  corporation. 

Section  11.  The  permanent  educational  funds,  other  than  funds  arising 
from  the  disposition  of  university  lands  belonging  to  the  State,  shall  be 
loaned  on  first  mortgage  on  improved  farm  lands  within  the  State,  or  on 
State  or  United  States  bonds,  under  such  regulations  as  the  legislature  may 
provide:  Provided,  that  no  loan  shall  be  made  of  any  amount  of  money 
exceeding  one-third  of  the  market  value  of  the  lands  at  the  time  of  the 
loan,  exclusive  of  buildings. 

CONSTITUTION  OF  ILLINOIS— Amended  to  1870 
Article  VII 
Education* 

1.  The  general  assembly  shall  provide  a  thorough  and  efficient  system  of 
free  schools  whereby  all  children  of  this  State,  may  receive  a  good  com¬ 
mon  school  education. 

2.  All  lands,  moneys,  or  other  property,  donated,  granted  or  received 
for  school,  college,  seminary  or  university  purposes,  and  the  proceeds 
thereof,  shall  be  faithfully  applied  to  the  objects  for  which  such  gifts  or 
grants  were  made. 

3.  Neither  the  general  assembly  nor  any  county,  city,  town,  township, 
school  district  or  other  public  corporation  shall  ever  make  any  appropria¬ 
tion  or  pay  from  any  public  fund  whatsoever,  anything  in  aid  of  any  church 
or  sectarian  purpose,  or  to  help  support  or  sustain  any  school,  academy, 
seminary,  college,  university  or  other  literary  or  scientific  institution,  con¬ 
trolled  by  any  church  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  land,  money  or  other  personal  property  ever  be  made 
by  the  State  or  any  such  public  corporation  to  any  church  or  for  any  sec¬ 
tarian  purpose. 

4.  No  teacher,  State,  county,  township  or  district  school  officer  shall 
be  interested  in  the  sale,  proceeds  or  profits  of  any  books,  apparatus  or 
furniture,  used  or  to  be  used  in  any  school  in  this  State,  with  which  such 
officer  or  teacher  may  be  connected,  under  such  penalties  as  may  be  provided 
by  the  general  assembly. 

5.  There  may  be  a  county  superintendent  of  schools  in  each  county, 
whose  qualifications,  powers,  duties,  compensation  and  time  and  manner  of 
election  and  term  of  office  shall  be  prescribed  by  law. 

♦Section  six  of  the  Enabling  Act  of  Congress  of  April  18,  1818  (3  U.  S. 
Statutes  at  Large,  428),  provided  that  the  section  numbered  sixteen  in  every 
township  or  its  equivalent  should  be  granted  to  the  State  for  the  use  of  the 
inhabitants  of  such  township,  for  the  use  of  schools ;  a  proposition  that  was 
accepted  by  the  constitutional  convention  and  gave  the  State  the  right  to  such 
numbered  section  of  every  township.  It  wras  also  provided  that  three  per  cent, 
of  the  net  proceeds  of  all  lands  lying  within  the  State  sold  by  Congress  after 
January  1,  1819,  should  be  appropriated  by  the  Legislature  of  the  State  for  the 
encouragement  of  learning,  one-sixth  of  which  was  to  be  exclusively  bestowed 
on  a  college  or  university.  Unfortunately,  for  the  State,  the  lands  disposed  of 
by  the  United  States  in  satisfaction  of  military  land  warrants  were  held  to  be 
excluded  from  this  provision  (110  U.  S.  471)  so  that  up  to  1895,  the  State 
had  realized  from  this  source  for  the  permanent  school  fund  only  about  one 
hundred  and  fifty  thousand  dollars. 


36 


CONSTITUTION  OF  INDIANA— Amended  to  1851 
Article  VIII 


Education 

Section  1.  Knowledge  and  learning  generally  diffused  throughout  a 
community,  being  essential  to  the  preservation  of  a  free  government,  it  shall 
be  the  duty  of  the  General  Assembly  to  encourage,  by  all  suitable  means, 
moral,  intellectual,  scientific  and  agricultural  improvement,  and  to  provide 
by-law  for  a  general  and  uniform  system  of  common  schools  wherein  tuition 
shall  be  without  charge,  and  equally  open  to  all. 

Section  2.  The  common  school  fund  shall  consist  of  the  congressional 
township  fund,  and  the  lands  belonging  thereto: 

The  surplus  revenue  fund; 

The  saline  fund,  and  the  lands  belonging  thereto; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one  hundred  and  four¬ 
teenth  section  of  the  charter  of  the  State  Bank  of  Indiana; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries,  and  the  moneys 
and  property  heretofore  held  for  such  seminaries ;  from  the  fines  assessed 
for  breaches  of  the  penal  laws  of  the  State;  and  from  all  forfeitures  which 
may  accrue; 

All  lands  and  other  estate  which  shall  escheat  to  the  State  for  want  of 
heirs  or  kindred  entitled  to  the  inheritance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the  State,  where 
jio  special  purpose  is  expressed  in  the  grant,  and  the  proceeds  of  the  sales 
thereof ;  including  the  proceeds  of  the  sales  of  the  Swamp  Land  granted  to 
the  State  of  Indiana  by  the  act  of  Congress,  of  the  28th  of  September,  1850, 
after  deducting  the  expense  of  selecting  and  draining  the  same; 

Taxes  on  property  of  corporations  that  may  be  assessed  by  the  General 
Assembly  for  Common  School  purposes. 

Section  3.  The  principal  of  the  Common  School  Fund  shall  remain  a 
perpetual  fund,  which  may  be  increased,  but  shall  never  be  diminished;  and 
the  income  thereof  shall  be  inviolably  appropriated  to  the  support  of 
Common  Schools,  and  to  no  other  purpose  whatever. 

Section  4.  The  General  Assembly  shall  invest,  in  some  safe  and  profitable 
manner,  all  such  portions  of  the  Common  School  Fund  as  have  not  hereto¬ 
fore  been  entrusted  to  the  several  counties;  and  shall  make  provision,  by 
law,  for  the  distribution,  among  the  several  counties,  of  the  interest  thereof. 

Section  5.  If  any  county  shall  fail  to  demand  its  proportion  of  such 
interest  for  Common  School  purposes,  the  same  shall  be  reinvested  for  the 
benefit  of  such  county. 

Section  6.  The  several  counties  shall  be  held  liable  for  the  preservation 
of  so  much  of  the  said  fund  as  may  be  entrusted  to  them,  and  for  the  pay¬ 
ment  of  the  annual  interest  thereon. 

Section  7.  All  trust  funds  held  by  the  State  shall  remain  inviolate  and 
be  faithfully  and  exclusively  applied  to  the  purposes  for  which  the  trust 
was  created. 

Section  8.  The  General  Assembly  shall  provide  for  the  election  by  the 
voters  of  the  State,  of  a  State  Superintendent  of  Public  Instruction,  who 
shall  hold  his  office  for  two  years,  and  whose  duties  and  compensation  shall 
be  prescribed  by  law. 


37 


CONSTITUTION  OF  IOWA— Amended  to  1904 
Article  IX 

Education  and  School  Lands 
1st — Education 

Section  1.  The  educational  interests  of  the  State,  including  Common 
Schools  and  other  educational  institutions,  shall  be  under  the  management 
of  a  Board  of  Education,  which  shall  consist  of  the  Lieutenant-Governor, 
who  shall  be  the  presiding  officer  of  the  Board,  and  have  the  casting  vote 
in  case  of  a  tie,  and  one  member  to  be  elected  from  each  judicial  district 
in  the  State. 

Section  2.  No  person  shall  be  eligible  as  a  member  of  said  Board  who 
shall  not  have  attained  the  age  of  twenty-five  years,  and  shall  have  been 
one  year  a  citizen  of  the  State. 

Section  3.  One  member  of  said  Board  shall  be  chosen  by  the  qualified 
electors  of  each  district,  and  shall  hold  the  office  for  the  term  of  four  years 
and  until  his  successor  is  elected  and  qualified.  After  the  first  election 
under  this  Constitution,  the  Board  shall  be  divided,  as  nearly  as  prac¬ 
ticable,  into  two  equal  classes,  and  the  seats  of  the  first  class  shall  be  va¬ 
cated,  after  the  expiration  of  two  years ;  and  one-half  of  the  Board  shall  be 
chosen  every  two  years  thereafter. 

Section  4.  The  first  session  of  the  Board  of  Education  shall  be  held  at 
the  Seat  of  Government,  on  the  first  Monday  of  December,  after  their  elec¬ 
tion  :  after  which  the  General  Assembly  may  fix  the  time  and  place  of 
meeting. 

Section  5.  The  session  of  the  Board  shall  be  limited  to  twenty  days, 
and  but  one  session  shall  be  held  in  any  one  year,  except  upon  extraordinary 
occasions,  when,  upon  the  recommendation  of  two-thirds  of  the  Board, 
the  Governor  may  order  a  special  session. 

Section  6.  The  Board  of  Education  shall  appoint  a  Secretary  who  shall 
be  the  executive  officer  of  the  Board,  and  perform  such  duties  as  may  be 
imposed  upon  him  by  the  Board,  and  the  laws  of  the  State.  They  shall 
keep  a  journal  of  their  proceedings,  which  shall  be  published  and  dis¬ 
tributed  in  the  same  manner  as  the  journals  of  the  General  Assembly. 

Section  7.  All  rules  and  regulations  made  by  the  Board  shall  be  pub¬ 
lished  and  distributed  to  the  several  counties,  townships,  and  school  dis¬ 
tricts,  as  may  be  provided  for  by  the  Board,  and  when  so  made,  pub¬ 
lished  and  distributed,  they  shall  have  the  force  and  effect  of  law. 

Section  8.  The  Board  of  Education  shall  have  full  power  and  authority 
to  legislate  and  make  all  needful  rules  and  regulations  in  relation  to 
Common  Schools,  and  other  educational  institutions,  that  are  instituted, 
to  receive  aid  from  the  School  or  University  Fund  of  this  State;  but  all 
acts,  rules  and  regulations  of  said  Board  may  be  altered,  amended  or  re¬ 
pealed  by  the  General  Assembly;  and  when  so  altered,  amended,  or  re¬ 
pealed,  they  shall  not  be  re-enacted  by  the  Board  of  Education. 

Section  9.  The  Governor  of  the  State  shall  be,  ex-officio,  a  member  of 
said  Board.  * 

Section  10.  The  Board  shall  have  no  power  to  levy  taxes,  or  make 
appropriations  of  money.  Their  contingent  expenses  shall  be  provided  fof 
by  the  General  Assembly. 

Section  11.  The  State  University  shall  be  established  at  one  place  with¬ 
out  branches  at  any  other  place,  and  the  University  Fund  shall  be  applied 
to  that  institution  and  no  other. 

Section  12.  The  Board  of  Education  shall  provide  for  the  education  of 
all  the  youths  of  the  State,  through  a  system  of  common  schools,  and  such 


3S 


schools  shall  be  organized  and  kept  in  each  school  district  at  least  three 
months  in  each  year.  Any  district  failing,  for  two  consecutive  years,  to 
organize  and  keep  up  a  school,  as  aforesaid,  may  be  deprived  of  their 
portion  of  the  school  fund. 

Section  13.  The  members  of  the  Board  of  Education  shall  each  receive 
the  same  per  diem  during  the  time  of  their  session,  and  mileage  going  to 
and  returning  therefrom,  as  members  of  the  General  Assembly. 

Section  14.  A  majority  of  the  Board  shall  constitute  a  quorum  for  the 
transaction  of  business;  but  no  rule,  regulation,  or  law  for  the  govern¬ 
ment  of  common  schools  or  other  educational  institutions  shall  pass  with¬ 
out  the  concurrence  of  a  majority  of  all  the  members  of  the  Board,  which 
shall  be  expressed  by  the  yeas  and  nays  on  the  final  passage.  The  style 
of  all  acts  of  the  Board  shall  be,  “Be  it  enacted  by  the  Board  of  Education 
of  the  State  of  Iowa.” 

Section  15.  At  any  time  after  the  year  one  thousand  eight  hundred  and  sixty- 
three,  the  General  Assembly  shall  have  power  to  abolish  or  reorganize  said 
Board  of  Education,  and  provide  for  the  educational  interest  of  the  State 
in  any  other  manner  that  to  them  shall  seem  best  and  proper. 

2d — School  Funds  and  School  Lands 

Section  1.  The  educational  and  school  funds  and  lands  shall  be  under 
the  control  and  management  of  the  General  Assembly  of  this  State. 

Section  2.  The  University  lands,  and  the  proceeds  thereof,  and  all 
moneys  belonging  to  said  fund  shall  be  a  permanent  fund  for  the  use 
of  the  State  University.  The  interest  arising  from  the  same  shall  be 
annually  appropriated  for  the  support  and  benefit  of  said  University. 

Section  3.  The  General  Assembly  shall  encourage,  by  all  suitable  means, 
the  promotion  of  intellectual,  scientific,  moral  and  agricultural  improve¬ 
ment.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may  be, 
granted  by  the  United  States  to  this  State,  for  the  support  of  schools, 
which  may  have  been,  or  shall  hereafter  be  sold,  or  disposed  of,  and  the 
five  hundred  thousand  acres  of  land  granted  to  the  new  States,  under 
an  act  of  Congress,  distributing  the  proceeds  of  the  public  lands  among  the 
several  States  of  the  Union,  approved  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-one.  and  all  estates  of  deceased  persons  who  may 
have  died  without  leaving  a  will  or  heir,  and  also  such  per  cent,  as  has 
been  or  may  hereafter  be  granted  by  Congress,  on  the  sale  of  lands  in 
this  State,  shall  be,  and  remain  a  perpetual  fund,  the  interest  of  which, 
together  with  all  rents  of  the  unsold  lands,  and  such  other  means  as  the 
General  Assembly  may  provide,  shall  be  inviolably  appropriated  to  the 
support  of  common  schools  throughout  the  State. 

Section  4.  The  money  which  may  have  been  or  shall  be  paid  by  the 
persons  as  an  equivalent  from  exemption  from  military  duty,  and  the 
clear  proceeds  of  all  fines  collected  in  the  several  qounties  for  any  breach 
of  the  penal  laws,  shall  be  exclusively  applied,  in  the  several  counties 
in  which  such  money  is  paid,  or  fine  collected,  among  the  several  school 
districts  of  said  counties,  in  proportion  to  the  number  of  youths  subject 
to  enumeration  in  slich  districts,  to  the  support  of  common  schools,  or 
the  establishment  of  libraries,  as  the  Board  of  Education  shall  from  time 
to  time  provide. 

Section  5.  The  General  Assembly  shall  take  measures  for  the  protec¬ 
tion,  improvement,  or  other  disposition  of  such  lands  as  have  been,  or 
may  hereafter  be  reserved,  or  granted  by  the  United  States,  or  any  person 
or  persons,  to  this  State,  for  the  use  of  the  University,  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other  source 
for  the  purpose  aforesaid,  shall  be,  and  remain,  a  permanent  fund,  the 
interest  of  which  shall  be  applied  to  the  support  of  said  University,  for 


the  promotion  of  literature,  the  arts  and  sciences,  as  may  be  authorized 
by  the  terms  of  such  grants.  And  it  shall  be  the  duty  of  the  General  Assembly 
as  soon  as  may  be,  to  provide  effectual  means  for  the  improvement  and 
permanent  security  of  the  funds  of  said  University. 

Section  6.  The  financial  agents  of  the  school  funds  shall  be  the  same, 
that  by  law,  receive  and  control  the  State  and  county  revenue,  for  other 
civil  purposes,  under  such  regulations  as  may  be  provided  by  law. 

Section  7.  The  money  subject  to  the  support  and  maintenance  of  com¬ 
mon  schools  shall  be  distributed  to  the  districts  in  proportion  to  the  num¬ 
ber  of  youths,  between  the  ages  of  five  and  twenty-one  years,  in  such 
manner  as  may  be  provided  by  the  General  Assembly. 


CONSTITUTION  OF  KANSAS— Amended  to  1904 
Article  6 
Education 

Section  1.  The  State  Superintendent  of  Public  Instruction  shall  have 
the  general  supervision  of  the  common  school  funds  and  educational 
interests  of  the  State,  and  perform  such  other  duties  as  may  be  prescribed 
by  law.  A  Superintendent  of  Public  Instruction  shall  be  elected  in  each 
county,  whose  term  of  office  shall  be  two  years,  and  whose  duties  and 
compensation  shall  be  prescribed  by  law. 

Section  2.  The  legislature  shall  encourage  the  promotion  of  intellectual, 
moral,  scientific  and  agricultural  improvement,  by  establishing  a  uniform 
system  of  common  schools,  and  schools  of  a  higher  grade,  embracing  nor¬ 
mal,  preparatory,  collegiate  and  university  departments. 

Section  3.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 
by  the  United  States  to  the  State  for  the  support  of  schools  and  the  five 
hundred  thousand  acres  of  land  granted  to  the  new  States  under  an  act 
of  Congress  distributing  the  proceeds  of  public  lands  among  the  several 
States  of  the  Union,  approved  September  4,  A.  D.,  1841,  and  all  estates 
of  persons  dying  without  heir  or  will,  and  such  per  cent,  as  may  be 
granted  by  Congress  on  the  sale  of  lands  in  this  State,  shall  be  the  com¬ 
mon  property  of  the  State,  and  shall  be  a  perpetual  school  fund,  which 
shall  not  be  diminished,  but  the  interest  of  which,  together  with  all  the 
rents  of  lands,  and  such  other  means  as  the  legislature  may  provide,  by 
tax  or  otherwise,  shall  be  inviolably  appropriated  to  the  support  of 
common  schools. 

Section  4.  The  income  of  the  State  school  funds  shall  be  disbursed  an¬ 
nually,  by  order  of  the  State  Superintendent,  to  the  several  county  treas¬ 
urers,  and  thence  to  the  treasurers  of  the  several  school  districts,  in 
equitable  proportion  to  the  number  of  children  and  youth  resident  there¬ 
in,  between  the  ages  of  five  and  twenty-one  years;  provided,  that  no  school 
district,  in  which  a  common  school  has  not  been  maintained  at  least  three 
months  in  each  year,  shall  be  entitled  to  receive  any  portion  of  such 
funds. 

Section  5.  The  school-lands  shall  not  be  sold,  unless  such  sales  shall 
be  authorized  by  a  vote  of  the  people  at  a  general  election;  but,  subject 
to  revaluation  every  five  years,  they  may  be  leased  for  any  number  of 
years,  not  exceeding  twenty-five,  at  a  rate  established  by  law. 

Section  6.  All  money  which  shall  be  paid  by  persons  as  an  equivalent 
for  exemption  from  military  duty;  the  clear  proceeds  of  estrays,  ownership 
of  which  shall  vest  in  the  taker-up ;  and  the  proceeds  of  fines  for  any  breach 
of  the  penal  laws,  shall  be  exclusively  applied  in  the  several  counties  in 
which  the  money  is  paid  or  fines  collected,  to  the  support  of  common 
schools. 


40 


Section  7.  Provision  shall  be  made  by  law  for  the  establishment,  at 
some  eligible  and  central  point,  of  a  State  University,  for  the  promotion 
of  literature,  and  the  arts  and  sciences,  including  a  normal  and  an  agri¬ 
cultural  department.  All  funds  arising  from  the  sale  or  rents  of  lands 
granted  by  the  United  States  to  the  State  for  the  support  of  a  State 
University,  and  all  other  grants,  donations  or  bequests,  either  by  the  State 
or  individuals,  for  such  purpose,  shall  remain  a  perpetual  fund,  to  be 
called  the  “University  Fund,”  the  interest  of  which  shall  be  appropriated 
1  to  the  support  of  the  State  University. 

Section  8.  No  religious  sect  or  sects  shall  ever  control  any  part  of 
the  common-school  or  university  funds  of  the  State. 

Section  9.  The  State  Superintendent  of  Public  Instruction,  Secretary 
of  State  and  Attorney-General  shall  constitute  a  board  of  commissioners, 
for  the  management  and  investment  of  the  school  funds.  Any  two  of  said 
commissioners  shall  be  a  quorum. 

CONSTITUTION  OF  KENTUCKY— Amended  to  1890 
Education 

Section  183.  The  General  Assembly  shall,  by  appropriate  legislation, 
provide  for  an  efficient  system  of  common  schools  throughout  the  State. 

Section  184.  The  bond  of  the  Commonwealth  issued  in  favor  of  the 
Board  of  Education  for  the  sum  of  $1,327,000  shall  constitute  one  bond 
of  the  Commonwealth  in  favor  of  the  Board  of  Education,  and  this  bond 
and  the  $73,500  of  the  stock  in  the  Bank  of  Kentucky,  held  by  the  Board  of 
Education,  and  its  proceeds,  shall  be  held  inviolate  for  the  purpose  of 
sustaining  the  system  of  common  schools.  The  interest  and  dividends  of 
said  fund,  together  with  any  sum  which  may  be  produced  by  taxation  or 
otherwise  for  the  purposes  of  common  school  education,  shall  be  appropri¬ 
ated  to  the  common  schools,  and  to  no  other  purpose.  No  sum  shall  be 
raised  or  collected  for  education  other  than  in  common  schools  until  the 
question  of  taxation  is  submitted  to  the  legal  voters,  and  the  majority  of 
votes  cast  at  said  election  shall  be  in  favor  of  taxation;  Provided,  That 
the  tax  now  imposed  for  educational  purposes  and  for  the  endowment  and 
maintenance  of  the  Agricultural  and  Mechanical  College  shall  remain  until 
changed  by  law. 

Section  185.  The  General  Assembly  shall  make  provision  by  law  for 
the  payment  of  the  interest  of  said  school  fund,  and  may  provide  for  the 
sale  of  the  stock  in  the  Bank  of  Kentucky;  and  in  case  of  a  sale  of  all  or 
any  part  of  said  stock,  the  proceeds  of  sale  shall  be  invested  by  the  Sinking 
Fund  Commissioners  in  other  good  interest  bearing  stocks  or  bonds,  which 
shall  be>  subject  to  sale  and  reinvestment  from  time  to  time  in  like  manner, 
and  with  the  same  restrictions,  as  provided  with  reference  to  the  sale  of 
the  said  stock  in  the  Bank  of  Kentucky. 

Section  186.  Each  county  in  the  Commonwealth  shall  be  entitled  to 
its  proportion  of  the  school  fund  on  its  census  of  pupil  children  for  each 
school  year;  and  if  the  pro  rata  share  of  any  school  district  be  not  called 
for  after  the  second  school  year,  it  shall  be  covered  into  the  treasury  and 
be  placed  to  the  credit  of  the  school  fund  for  general  apportionment  the 
following  school  year.  The  surplus  now  due  the  several  counties  shall 
remain  a  perpetual  obligation  against  the  Commonwealth  for  the  benefit 
of  said  respective  counties,  for  which  the  Commonwealth  shall  execute  its 
bond,  bearing  interest  at  the  rate  of  six  per  centum  per  annum,  payable 
annually  to  the  counties  respectively  entitled  to  the  same,  and  in  the 
proportion  to  which  they  are  entitled,  to  be  used  exclusively  in  aid  of 
common  schools. 


41 


Section  187.  In  distributing  the  school  fund  no  distinction  shall  be 
made  on  account  of  race  or  color,  and  separate  schools  for  white  and  col¬ 
ored  children  shall  be  maintained. 

Section  188.  So  much  of  anjT  moneys  as  may  be  received  by  the  Com¬ 
monwealth  from  the  United  States  under  the  recent  act  of  Congress  refund¬ 
ing  the  direct  tax  shall  become  a  part  of  the  school  fund,  and  be  held  as 
provided  in  section  184;  but  the  General  Assembly  may  authorize  the  use 
by  the  Commonwealth  of  the  moneys  so  received  or  any  part  thereof,  in 
which  event  a  bond  shall  be  executed  to  the  Board  of  Education  for  the 
amount  so  used,  which  bond  shall  be  held  on  the  same  terms  and  condi¬ 
tions  and  subject  to  the  provisions  of  Sec.  184,  concerning  the  bond  therein 
referred  to. 

Section  189.  No  portion  of  the  fund  or  tax  now  existing,  or  that  may 
hereafter  be  raised  or  levied  for  educational  purposes,  shall  be  appropriated 
to  or  used  by,  or  in  aid  of,  any  church,  sectarian  or  denominational  school. 

CONSTITUTION  OF  LOUISIANA— 1914 
Public  Education 

Article  248.  There  shall  be  free  colored  schools  for  the  white  and 
colored  races  separately  established  by  the  General  Assembly  throughout 
the  State  for  the  education  of  all  the  children  of  the  State  between  the 
ages  of  6  and  18  years;  provided  that  where  kindergarten  schools  exist, 
children  between  the  ages  of  four  and  six  may  be  admitted  into  the  said 
schools.  All  funds  raised  by  the  State  for  the  support  of  public  schools, 
except  poll  taxes,  shall  be  distributed  to  each  parish  in  proportion  to  the 
number  of  children  therein  between  the  ages  of  6  and  18  years.  The 
General  Assembly  shall  provide  for  the  enumeration  of  edueable  children. 

Article  249.  There  shall  be  elected  by  the  qualified  electors  of  the  State 
a  Superintendent  of  Public  Education,  who  shall  hold  his  office  for  the 
term  of  four  years,  and  until  his  successor  is  qualified.  His  duties  shall 
be  prescribed  by  law,  and  he  shall  receive  an  annual  salary  of  $5,000,  pay¬ 
able  monthly  on  his  warrant. 

Article  250.  The  General  Assembly  shall  provide  for  the  creation  of  a 
State  Board  and  Parish  Boards  of  Public  Education.  The  Parish  Boards 
shall  elect  a  Parish  Superintendent  of  Public  Education  for  their  respective 
parishes,  whose  qualifications  shall  be  fixed  by  the  Legislature  and  who 
shall  be  ex-officio  secretary  of  the  Parish  Board.  The  salary  of  the  Parish 
Superintendent  shall  be  provided  for  by  the  General  Assembly,  to  be  paid 
out  of  the  public  school  funds  accruing  to  the  respective  parishes. 

Article  251.  The  general  exercises  in  the  public  schools  shall  be  con¬ 
ducted  in  .the  English  language;  provided  that  the  French  language  may 
be  taught  in  those  parishes  or  localities  where  the  French  language  pre¬ 
dominates,  if  no  additional  expense  is  incurred  thereby. 

Article  252.  The  funds  derived  from  the  collection  of  the  poll  tax  shall 
be  applied  exclusively  to  the  maintenance  of  the  public  schools  as  organ¬ 
ized  under  this  Constitution  and  shall  be  applied  exclusively  to  the  sup¬ 
port  of  the  public  schools  in  the  parish  in  which  the  same  shall  be  col¬ 
lected,  and  shall  be  accounted  for  and  paid  by  the  collecting  officer  directly 
to  the  treasurer  of  the  local  school  board. 

Article  253.  No  funds  raised  for  the  support  of  the  public  schools  of 
the  State  shall  be  appropriated  to  or  used  for  the  support  of  any  private 
or  sectarian  schools. 

Article  254.  The  school  funds  of  the  State  shall  consist  of: 

First.  Not  less  than  ono  and  one-quarter  mills  of  the  taxes  levied  and 
collected  by  the  State. 


42 


Second.  The  proceeds  of  taxation  for  school  purposes  as  provided  by 
this  constitution. 

Third.  The  interest  on  the  proceeds  of  all  public  lands  heretofore 
granted  by  the  United  States  for  the  support  of  the  public  schools  and 
the  revenue  derived  from  such  lands  as  may  still  remain  unsold. 

Fourth.  Of  lands  and  other  property  heretofore  or  hereafter  bequeathed, 
granted  or  donated  to  the  State  for  school  purposes. 

Fifth.  All  funds  and  property,  other  than  unimproved  lands,  bequeathed 
or  granted  to  the  State,  not  designated  for  any  other  purpose. 

Sixth.  The  proceeds  of  vacant  estates  falling  under  the  law  to  the  State 
of  Louisiana. 

Article  255.  The  legislature  may  appropriate  to’  the  same  funds  the 
proceeds  of  public  lands  not  designated  for  any  other  purpose,  and  shall 
provide  that  every  parish  may  levy  a  tax  for  the  public  schools  therein, 
which  shall  not  exceed  the  entire  State  tax;  provided  that  with  such  a 
tax  the  whole  amount  of  parish  taxes  shall  not  exceed  the  limits  of  parish 
taxation  fixed  by  this  constitution. 

The  City  of  New  Orleans  shall  make  such  appropriation  for  the  support, 
maintenance  and  repair  of  the  public  schools  of  said  city  as  it  may  deem 
proper,  but  not  less  than  eight-tenths  of  one  mill  for  any  one  year;  and 
said  schools  shall  also  continue  to  receive  from  the  Board  of  Liquidation 
of  the  city  debt  the  amounts  to  which  they  are  now  entitled  under  the  con¬ 
stitutional  amendment  adopted  in  the  year  1892. 

The  police  juries  of  the  several  parishes  and  boards  of  trustees  and 
municipal  councils  of  incorporated  cities  and  towns  (the  Parish  of  Orleans 
excepted)  shall  levy,  collect  and  turn  over  to  the  parish  school  boards  of 
their  respective  parishes  for  the  support  of  the  public  schools  of  their 
respective  parishes,  cities  or  towns,  the  proceeds  of  at  least  three  mills  of 
the  annual  tax  which  they  are  empowered  to  levy  on  each  dollar  of  the 
assessed  valuation  of  the  property  thereof.  Provided  that  cities  and 
towns  that  are  not  exempted  by  the  terms  of  their  charters  from  the  pay¬ 
ment  of  parish  taxes  and  which  are  subjected  to  the  similar  burdens  of 
taxation  as  are  the  parishes,  shall  not  pay  this  tax,  as  same  is  included  in 
the  taxes  imposed  by  the  parish  in  which  the  town  is  situated,  unless  the 
parish  boards  of  school  directors  of  that  parish  certify  that  the  needs 
of  the  school  can  be  met  by  a  smaller  levy  of  such  taxes. 

Article  256.  The  Louisiana  State  University  and  Agricultural  and 
Mechanical  College,  founded  upon  the  land  grants  of  the  United  States  to 
endow  a  seminary  of  learning  and  a  college  for  the  benefit  of  agriculture 
and  mechanical  arts,  now  established  and  located  in  the  City  of  Baton 
Rouge  is  hereby  recognized;  and  all  revenues  derived  and  to  be  derived 
from  the  Seminary  Fund,  the  Agricultural  and  Mechanical  College  Fund 
and  other  funds  or  lands  donated  or  to  be  donated  by  the  United  States 
to  the  State  of  Louisiana  for  the  use  of  a  seminary  of  learning  or  a  col¬ 
lege  for  the  benefit  of  agriculture  or  the  mechanic  arts,  shall  be  appropri¬ 
ated  exclusively  to  the  maintenance  and  support  of  said  Louisiana  State 
University  and  Agricultural  and  Mechanical  College ;  and  the  General 
Assembly  shall  make  such  additional  appropriations  as  may  be  necessary 
for  its  maintenance  and  support  and  improvement,  and  for  the  establish¬ 
ment  in  connection  with  said  institution  of  such  additional  scientific  or 
literary  departments  as  the  public  necessities  and  the  well-being  of  the 
people  of  Louisiana  may  require. 

Tne  Tulane  University  of  Louisiana,  located  in  New  Orleans,  is  hereby 
recognized  as  created  and  to  be  developed  in  accordance  with  the  provi¬ 
sions  of  legislative  act  No.  43,  approved  July  5,  1884,  and  by  approval  of 
the  electors  made  part  of  the  constitution  of  the  State. 

Article  257.  The  Louisiana  State  Normal  School,  established  and 


43 


located  at  Natchitoches;  the  Louisiana  Industrial  Institute,  established  and 
located  at  Lafayette;  and  the  Southern  University  for  the  education  of 
persons  of  color  are  hereby  recognized;  and  the  General  Assembly  is 
directed  to  make  such  appropriations  from  time  to  time  as  may  be  neces¬ 
sary  for  the  maintenance,  support  and  improvement  of  these  institutions; 
provided  that  the  appropriation  for  the  maintenance  and  support  of  the 
Southern  University  shall  not  exceed  $10,000  per  annum. 

Article  258.  The  debt  due  by  the  State  to  the  Free  School  Fund, 
declared  by  the  constitutions  of  1879  and  1898  to  be  the  sum  of  $1,130,- 
867.51  in  principal,  shall  be  kept  on  the  books  of  the  auditor  and  treasurer 
to  the  credit  of  the  several  townships  entitled  to  the  same;  the  said 
principal  being  the  proceeds  of  the  sales  of  lands  heretofore  granted  by 
the  United  States  for  the  use  and  support  of  free  public  schools,  which 
amount  shall  be  held  by  the  State  as  a  loan,  and  shall  be  and  remain  a 
perpetual  fund,  on  which  the  State  shall  pay  an  annual  interest  of  four 
per  cent.,  and  that  said  interest  shall  be  paid  to  the  several  townships  in 
the  State  entitled  to  the  same  in  accordance  with  the  Act  ©f  Congress, 
No.  68,  approved  February  15,  1843. 

Article  259.  The  debt  due  by  the  State  to  the  Seminary  Fund  is  hereby 
declared  to  be  $136,000,  being  the  proceeds  of  the  sale  of  lands  heretofore 
granted  by  the  United  States  to  this  State  for  the  use  of  a  seminary  of 
learning,  and  said  amount  shall  be  kept  to  the  credit  of  said  fund  on  the 
books  of  the  auditor  and  treasurer  of  the  State  as  a  perpetual  loan,  and 
the  State  shall  pay  an  annual  interest  of  four  per  cent,  on  said  amount. 

Article  260.  The  debt  due  by  the  State  to  the  Agricultural  and  Mechan¬ 
ical  College  Fund  is  hereby  declared  to  be  the  sum  of  $182,313.03,  being 
the  proceeds  of  the  sale  of  lands  and  land  scrip  heretofore  by  the  United 
States  to  this  State  for  the  use  of  a  college  for  the  benefit  of  agricultural 
and  mechanical  arts;  and  said  amount  shall  be  kept  to  the  credit  of  said 
fund  on  the  books  of  the  auditor  and  treasurer  of  the  State  as  a  perpetual 
loan  and  the  State  shall  pay  an  annual  interest  of  five  per  cent,  on  said 
amount. 

Article  261.  All  pupils  in  the  primary  grades  in  the  public  schools 
throughout  the  Parish  of  Orleans,  unable  to  provide  themselves  with  the 
requisite  books,  an  affidavit  to  that  effect  having  been  made  by  one  of 
the  parents  of  such  pupils,  or  if  such  parents  be  dead,  then  by  the  tutor  or 
other  person  in  charge  of  such  pupils,  shall  be  furnished  with  the  neces¬ 
sary  books  free  of  expense,  to  be  paid  for  out  of  the  school  fund  of  said 
parish;  and  the  School  Board  of  the  Parish  of  Orleans  is  hereby  directed 
to  appropriate  annually  not  less  than  $2,000  for  the  purpose  named,  pro¬ 
vided  such  amount  be  needed. 

Article  227.  The  taxing  power  shall  be  exercised  only  to  carry  on  and 
maintain  the  government  of  the  State  and  the  public  institutions  thereof, 
to  educate  the  children  of  the  State,  to  preserve  the  public  health,  to  pay 
the  principal  and  interest  of  the  public  debt,  to  suppress  insurrection,  to 
repel  invasion  or  defend  the  State  in  time  of  war,  to  provide  pensions  for 
indigent  Confederate  soldiers  and  sailors  and  their  widows,  to  establish 
markers  or  monuments  upon  the  battlefields  of  the  country  commemorative 
of  the  services  of  Louisiana  soldiers  on  such  fields,  to  maintain  a  memorial 
hall  in  New  Orleans  for  the  collection  and  preservation  of  relics  and 
memorials  of  the  late  Civil  War,  and  for  levee  purposes,  as  hereinafter 
provided. 

Amendment,  1914 — Act  No.  57 

Section  1.  Be  it  resolved  by  the  General  Assembly  of  the  State  of 
Louisiana,  two-thirds  of  all  members  elected  to  each  House  concurring, 
that  the  legislature  may  appropriate  to  the  same  funds  the  proceeds  of 


44 


public  lands  not  designated  or  set  apart  for  any  other  purpose,  and  shall 
provide  that  each  parish  may  levy  a  tax  for  public  schools  therein  which 
shall  not  exceed  the  entire  State  tax;  provided  that  with  such  tax  the 
whole  amount  of  parish  taxes  shall  not  exceed  the  limits  of  parish  taxa¬ 
tion  fixed  by  this  constitution. 

The  City  of  New  Orleans  shall  make  such  appropriation  for  the  support, 
maintenance  and  repair  of  the  public  schools  of  said  city  as  it  may  deem 
proper,  but  not  less  than  eight-tenths  of  one  mill  for  any  one  year;  and 
said  schools  shall  also  continue  to  receive  from  the  Board  of  Liquidation 
of  the  city  debt  the  amounts  to  which  they  are  now  entitled  under  the 
constitution  amendment  adopted  in  the  year  1892. 

The  police  juries  of  the  several  parishes  and  boards  of  trustees  and 
municipal  councils  of  incorporated  cities  and  towns  (the  Parish  of  Orleans 
excepted)  shall  levy,  collect  and  turn  over  to  the  Parish  School  Boards 
of  their  respective  parishes,  cities  or  towns,  the  proceeds  of  at  least  three 
mills  of  the  annual  tax  which  they  are  empowered  to  levy  on  each  dollar 
of  the  assessed  valuation  of  the  property  thereof;  provided  that  cities 
and  towns  that  are  not  exempted  by  the  terms  of  their  charters  from  the 
payment  of  parish  taxes  and  which  are  subjected  to  the  similar  burdens 
of  taxation  as  are  the  parishes  shall  not  pay  this  tax,  as  same  is  included 
in  the  taxes  imposed  by  the  parish  in  which  the  town  is  situated,  unless 
the  parish  boards  of  school  directors  of  that  parish  certify  that  the  needs 
of  the  schools  can  be  met  by  a  smaller  levy  of  such  taxes. 

Provided  that  this  shall  not  apply  to  cities  that  under  legislative  au¬ 
thority  now  conduct,  maintain  and  support  public  schools,  open  and  free 
to  the  youth  of  the  parish  in  which  said  city  is  located,  and  levy,  collect 
and  expend  annually  for  the  conduct,  maintenance  and  support  of  said 
schools  the  proceeds  of  at  least  three  mills  of  the  annual  tax  which 
they  are  empowered  to  levy  on  each  dollar  of  the  assessed  valuation  of 
property;  and  such  cities  shall  not  pay  and  turn  over  to  the  parish 
school  board  the  proceeds  of  at  least  three  mills  of  the  annual  tax,  or  any 
part  thereof  as  herein  provided,  and  shall  be  exempted  from  the  same 
so  long  as  such  cities  continue  to  conduct,  maintain  and  support  free 
schools  as  herein  provided,  under  the  supervision  and  control  of  the  State 
Board  of  Education  and  independent  parochial  school  authorities;  pro¬ 
vided  further  that  such  city  shall  not  be  eligible  to  vote  at  the  elections 
for  such  directors  for  the  parish  in  which  such  city  is  situated. 

Section  2.  Be  it  further  resolved,  That  at  the  congressional  election 
to  be  held  in  this  State  on  the  first  Tuesday  following  the  first  Monday 
in  November,  1914,  the  foregoing  amendment  to  the  Constitution  of  this 
State  shall  be  submitted  to  the  electors  of  this  State;  that  on  the  official 
ballot  to  be  used  in  said  election  shall  be  placed  the  words,  “for  the  pro¬ 
posed  amendment  to  Article  255  of  the  Constitution,”  and  every  elector 
shall  indicate  his  vote  on  the  proposed  amendment  as  provided  by  the 
general  election  laws  of  this  State. 

CONSTITUTION  OF  MAINE— Amended  to  1913 
Article  VIII 
Literature 

A  general  diffusion  of  the  advantages  of  education  being  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people;  to  promote  this 
important  subject  the  Legislature  are  authorized,  and  it  shall  be  their  duty 
to  require  the  several  towns  to  make  suitable  provision,  at  their  own  expense, 
for  the  support  and  maintenance  of  public  schools;  and  it  shall  further  be 


45 


the  duty  to  encourage  and  suitably  endow  from  time  to  time,  as  the 
circumstances  of  the  people  may  authorize,  all  academies,  colleges  and 
seminaries  of  learning  within  the  State;  provided  that  no  donation,  grant 
or  endowment  shall  at  any  time  be  made  by  the  Legislature  to  any  literary 
institution  now  established  or  which  may  hereafter  be  established,  unless 
at  the  time  of  making  such  endowment,  the  Legislature  of  the  State  shall 
have  the  right  to  grant  any  further  powers  to  alter,  limit  or  restrain 
any  of  the  powers  vested  in  any  such  literary  institution  as  shall  be 
judged  necessary  to  promote  the  best  interests  thereof. 

CONSTITUTION  OF  MARYLAND— In  force  1911 
Article  VIII 
Education 

Section  1.  The  General  Assembly,  at  its  first  session  after  the  adoption 
of  this  Constitution,  shall,  by  law,  establish  throughout  the  State  a 
thorough  and  efficient  system  of  free  Public  Schols;  and  shall  provide, 
by  taxation  or  otherwise,  for  their  maintenance. 

Section  2.  The  system  of  Public  Schools  as  now  constituted  shall  re¬ 
main  in  force  until  the  end  of  the  said  first  session  of  the  General  Assembly 
and  shall  then  expire,  except  so  far  as  adopted  or  continued  by  the  General 
Assembly. 

Section  3.  The  School  Fund  of  the  State  shall  be  kept  inviolate  and 
appropriated  to  the  purposes  of  education. 

CONSTITUTION  OF  MASSACHUSETTS— 1915 
Article  V 

The  Encouragement  of  Literature 

Section  2.  Wisdom  and  knowledge,  as  well  as  virtue,  diffused  generally 
among  the  body  of  the  people,  being  necessary  for  the  preservation  of 
their  rights  and  liberties;  and  as  these  depend  on  spreading  the  oppor¬ 
tunities  and  advantages  of  education  in  different  parts  of  the  country, 
and  among  the  different  orders  of  the  people,  it  shall  be  the  duty  of 
Legislatures  and  Magistrates,  in  all  future  periods  of  this  Commonwealth, 
to  cherish  the  interests  of  literature  and  the  sciences,  and  all  seminaries 
of  them:  especially  the  University  of  Cambridge,  public  schools  and  gram¬ 
mar  schools  in  the  towns,  to  encourage  private  societies  and  public  in¬ 
stitutions,  rewards  and  immunities,  for  the  promotion  of  agriculture,  arts, 
sciences,  commerce,  trades,  manufactures  and  a  natural  history  of  the 
country;  to  countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry  and  frugality, 
honesty  and  punctuality  in  their  dealings;  sincerity,  good  humor  and  all 
social  affections  and  generous  sentiments  among  the  people. 

Articles  of  Amendment 

Article  XVIII.  All  moneys  raised  by  taxation  in  the  towns  and  cities 
for  the  support  of  public  schools,  and  all  moneys  which  may  be  appro¬ 
priated  by  the  State  for  the  support  of  common  schools,  shall  be  applied 
to  and  expended  in  no  other  schools  than  those  which  are  conducted  ac¬ 
cording  to  law.  under  the  order  and  superintendence  of  the  authorities  of 
the  town  or  city  in  which  the  money  is  to  be  expended;  and  such  moneys 
shall  never  be  appropriated  to  any  religious  sect  for  the  maintenance, 
exclusively,  of  its  own  school. 


46 


MICHIGAN  CONSTITUTION— 1914 
Article  XI 
Education 

Section  1.  Religion,  morality  and  knowledge  being  necessary  to  good 
government  and  the  happiness  of  mankind,  schools  and  the  means  of 
education  shall  forever  be  encouraged. 

Section  2.  A  superintendent  of  public  instruction  shall  be  elected  at 
the  regular  election  to  be  held  on  the  first  Monday  in  April,  1909,  and 
every  second  year  thereafter.  He  shall  hold  office  for  a  period  of  two 
years  from  the  first  date  of  July  following  his  election  and  until  his 
successor  is  elected  and  qualified.  He  shall  have  general  supervision  of 
public  instruction  in  the  State.  He  shall  be  a  member  and  secretary  of 
the  State  board  of  education.  He  shall  be  ex-officio  a  member  of  all 
other  boards  having  control  of  public  instruction  in  any  State  institution, 
with  the  right  to  speak  but  not  to  vote.  His  duties  and  compensation 
shall  be  prescribed  by  law. 

Section  3.  There  shall  be  a  board  of  regents  of  the  university  consisting 
of  eight  members,  who  shall  hold  office  for  eight  years.  There  shall  be 
elected  at  each  regular  biennial  spring  election  two  members  of  such 
board.  When  a  vacancy  shall  occur  in  the  office  of  regent  it  shall  be 
filled  by  appointment  of  the  Governor. 

Section  4.  The  regents  of  the  university  and  their  successors  in  office 
shall  continue  to  constitute  the  body  corporate  known  as  “The  Regents 
of  the  University  of  Michigan.” 

Section  5.  The  regents  of  the  university  shall,  as  often  as  necessary, 
elect  a  president  of  the  university.  The  president  of  the  university  and 
the  superintendent  of  public  instruction  shall  be  ex-officio  members  of  the 
board  of  regents,  with  the  privilege  of  speaking  but  not  of  voting.  The 
president  shall  preside  at  the  meetings  of  the  board  and  be  the  principal 
executive  officer  of  the  university.  The  board  of  regents  shall  have  the 
general  supervision  of  the  university  and  the  direction  and  control  of  all 
expenditures  from  the  university  funds. 

Section  6.  The  State  board  of  education  shall  consist  of  four  members. 
On  the  first  Monday  in  April,  1909,  and  at  each  succeeding  biennial  spring 
election,  there  shall  be  elected  one  member  of  such  board  who  shall  hold 
office  for  six  years  from  the  first  day  of  July  following  his  election.  The 
State  board  of  education  shall  have  general  supervision  of  the  State  nor¬ 
mal  college  and  the  State  normal  schools,  and  the  duties  of  said  board  shall 
be  prescribed  by  law. 

Section  7.  There  shall  be  elected  on  the  first  Monday  in  April,  1909, 
a  State  board  of  agriculture  to  consist  of  six  members,  two  of  whom  shall 
hold  the  office  for  two  years,  two  for  four  years,  and  two  for  six  years. 
At  every  regular  biennial  spring  election  thereafter,  there  shall  be  elected 
two  members  whose  term  of  office  shall  be  six  years.  The  members  thus 
elected  and  their  successors  in  office  shall  be  a  body  corporate  to  be  known 
as  “The  State  Board  of  Agriculture.” 

Section  8.  The  State  board  of  agriculture  shall,  as  often  as  necessary, 
eleot  a  president  of  the  Agricultural  college,  who  shall  be  ex-officio  a  mem¬ 
ber  of  the  board  with  the  privilege  of  speaking  but  not  of  voting.  He 
shall  preside  at  the  meetings  of  the  board  and  be  the  principal  executive 
officer  of  the  college.  The  board  shall  have  the  general  supervision  of  the 
college,  and  the  direction  and  control  of  all  agricultural  college  funds; 
and  shall  perform  such  other  duties  as  may  be  prescribed  by  law. 

Section  9.  The  Legislature  shall  continue  a  system  of  primary  schools, 
whereby  every  school  district  in  the  State  shall  provide  for  the  education 


47 


of  its  pupils  without  charge  for  tuition ;  and  all  instruction  in  such 
schools  shall  be  conducted  in  the  English  language.  If  any  school  district 
shall  neglect  to  maintain  a  school  within  its  borders  as  prescribed  by  law 
for  at  least  five  months  in  each  year,  or  to  provide  for  the  education  of  its 
pupils  in  another  district  or  districts  for  an  equal  period,  it  shall  be  de¬ 
prived  for  the  ensuing  year  of  its  proportion  of  the  primary  school  interest 
fund.  If  any  school  district  shall,  on  the  second  Monday  in  July  of  any 
year,  have  on  hand  a  sufficient  amount  of  money  in  the  primary  school 
interest  fund  to  pay  its  teachers  for  the  next  ensuing  two  years  as  deter¬ 
mined  from  the  pay  roll  of  said  district  for  the  last  school  year,  and  in 
case  of  a  primary"  district,  all  tuition  for  the  next  ensuing  two  years, 
based  upon  the  then  enrollment  in  the  seventh  and  eighth  grades  in  said 
school  district,  the  children  in  said  district  shall  not  be  counted  in  making 
the  next  apportionment  of  primary  school  money  by  the  superintendent  of 
public  instruction;  nor  shall  such  children  be  counted  in  making  such  ap¬ 
portionment  until  the  amount  of  money  in  the  primary  school  interest 
fund  in  said  district  shall  be  insufficient  to  pay  teachers’  wages  or  tuition 
as  herein  set  forth  for  the  next  ensuing  two  years. 

Section.  10.  The  Legislature  shall  maintain  the  university,  the  college 
of  mines,  {he  State  agricultural  college,  the  State  normal  college  and  such 
State  normal  schools  and  other  educational  institutions  as  may  be  estab¬ 
lished  by  law. 

Section  11.  The  proceeds  from  the  sales  of  all  lands  that  have  been  or 
hereafter  may  be  granted  by  the  United  States  to  the  State  for  educational 
purposes  and  the  proceeds  of  all  lands  or  other  property  given  by  indi¬ 
viduals  or  appropriated  by  the  State  for  like  purposes  shall  be  and  remain 
a  perpetual  fund,  the  interest  and  income  of  which,  together  with  the  rents 
of  all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appropriated 
and  annually  applied  to  the  specific  objects  of  the  original  gift,  grant  or 
appropriation. 

Section  12.  All  lands,  the  titles  to  which  shall  fail  from  a  defect  of 
heirs,  shall  escheat  to  the  State,  and  the  interest  on  the  clear  proceeds 
from  the  sales  thereof  shall  be  appropriated  exclusively  to  the  support 
of  the  primary  schools. 

Section  13.  The  Legislature  shall  appropriate  all  salt  spring  lands  now 
unappropriated,  or  the  money  arising  from  the  sale  of  same,  where  such 
lands  have  already  been  sold,  and  any  funds  or  lands  which  may  hereafter 
be  granted  or  appropriated  for  such  purpose,  for  the  support  and  main¬ 
tenance  of  the  agricultural  college. 

Section  14.  The  legislature  shall  provide  by  law  for  the  establishment 
of  at  least  one  library  in  each  township  and  city;  and  all  fines  assessed 
and  collected  in  the  several  counties,  cities  and  townships  for  any  breach  of 
the  penal  laws  shall  be  exclusively  applied  to  the  support  of  such  libraries. 

Section  15.  Institutions  for  the  benefit  of  those  inhabitants  who  are 
deaf,  dumb,  blind,  feeble-minded  or  insane  shall  always  be  fostered  and 
supported. 


MINNESOTA  CONSTITUTION 
Article  VIII 

School  Funds,  Education  and  Science 

Section  1.  The  stability  of  a  republican  form  of  government  depending 
mainly  upon  the  intelligence  of  the  people,  it  shall  be  the  duty  of  the 
legislature  to  establish  a  general  and  uniform  system  of  public  schools. 

Section  2.  The  proceeds  of  such  lands  as  are  or  hereafter  may  be  granted 
by  the  United  States  for  the  use  of  schools  within  each  township  of  this 


48 


V 


State  shall  remain  a  perpetual  school  fund  to  the  State;  and  not  more 
than  one-third  of  said  lands  may  be  sold  in  two  years,  one-third  in  five 
years  and  one-third  in  ten  years;  but  the  lands  of  the  greatest  valuation 
shall  be  sold  first;  provided,  that  no  portion  of  said  lands  shall  be  sold 
otherwise  than  at  public  sale.  The  principal  of  all  funds  arising  from 
sales  or  other  disposition  of  lands  or  other  property,  granted  or  entrusted 
to  this  State  in  each  township  for  educational  purposes,  shall  forever  be 
preserved  inviolate  and  undiminished;  'and  the  income  arising  from  the 
lease  or  sale  of  said  school  land  shall  be  distributed  to  the  different  town¬ 
ships  throughout  the  State,  in  proportion  to  the  number  of  scholars  in  each 
township,  between  the  ages  of  5  and  21  years;  and  shall  be  faithfully  ap¬ 
plied  to  the  specific  objects  of  the  original  grants  or  appropriations. 

( Suitable  laws  shall  be  enacted  by  the  legislature  for  the  safe  investment 
of  the  principal  of  all  funds  which  have  heretofore  arisen  or  which  may 
hereafter  arise  from  the  sale  or  other  disposition  of  such  lands,  or  the  in¬ 
come  of  such  lands  accruing  in  any  way  before  the  sale  or  disposition 
thereof,  in  interest-bearing  bonds  of  the  United  States,  or  of  the  State  of 
Minnesota,  issued  after  the  year  1860,  or  of  such  other  State  as  the  legisla¬ 
ture  may,  by  law,  from  time  to  time  direct. — Adopted  November  5,  1875.) 

All  swamp  land  now  held  by  the  State,  or  that  hereafter  may  accrue  to 
the  State,  shall  be  appraised,  and  sold  in  the  same  manner  and  by  the  same 
officers,  and  the  minimum  price  shall  be  the  same  less  one-third,  as  is  pro¬ 
vided  by  law  for  the  appraisement  and  sale  of  the  school  lands  under  the 
provisions  of  title  one  of  chapter  38  of  the  General  Statutes.  The  prin¬ 
cipal  of  all  funds  derived  from  sales  of  swamp  lands,  as  aforesaid,  shall 
forever  be  preserved  inviolate  and  undiminished.  One-half  of  the  proceeds 
of  said  principal  shall  be  appropriated  to  the  common  school  fund  of  the 
State.  The  remaining  one-half  shall  be  appropriated  to  the  educational 
and  charitable  institutions  of  the  State  in  relative  ratio  of  cost  to  support 
of  said  institutions.  (Adopted  November  8,  1881.) 

Section  3.  The  legislature  shall  make  such  provisions,  by  taxation  or 
otherwise,  as,  with  the  income  arising  from  the  school  fund,  will  secure  a 
thorough  and  efficient  system  of  public  schools  in  each  township  in  the 
State. 

(But  in  no  case  shall  the  moneys  derived  as  aforesaid,  or  any  portion 
thereof,  or  any  public  moneys  or  property,  be  appropriated  or  used  for  the 
support  of  schools  wherein  the  distinctive  doctrines,  creeds  or  tenets  of 
any  particular  Christian  or  other  religious  sect  are  promulgated  or  taught. 
— Adopted  November  6,  1877.) 

Section  4.  The  location  of  the  University  of  Minnesota,  as  established 
by  existing  laws,  is  hereby  confirmed,  and  said  institution  is  hereby  de¬ 
clared  to  be  the  University  of  the  State  of  Minnesota.  All  the  rights, 
immunities,  franchises  and  endowments  heretofore  granted  or  conferred 
are  hereby  perpetuated  unto  the  said  university;  and  all  lands  which  may 
be  granted  hereafter  by  Congress,  or  other  donations  for  said  university- 
purposes,  shall  vest  in  the  institution  referred  to  in  this  section. 

Section  5.  The  permanent  school  funds  of  the  State  may  be  loaned  upon 
interest  at  the  rate  of  5  per  cent,  per  annum  to  the  several  counties  or 
school  districts  of  the  State,  to  be  used  in  the  erection  of  county  or  school 
buildings.  No  such  loan  shall  be  made  until  approved  by  a  board  consist¬ 
ing  of  the  governor,  the  State  auditor  and  the  State  treasurer,  who  are 
hereby  constituted  an  investment  board  for  the  purpose  of  the  loans  thereby 
authorized;  nor  shall  any  such  loan  be  for  any  amount  exceeding  3  per 
cent,  of  the  last  preceding  assessed  valuation  of  the  real  estate  of  the 
county  or  school  district  receiving  the  same.  The  State  auditor  shall  an¬ 
nually,  at  the  time  of  certifying  the  State  tax  to  the  several  county 
auditors,  also  certify  to  each  auditor  to  whose  county,  or  to  any  of  the 


49 


school  districts  of  whose  county  any  such  loan  shall  have  been  made,  the 
tax  necessary  to  be  levied  to  meet  the  accruing  interest  or  principal  of  any 
such  loan,  and  it  shall  be  the  duty  of  every  such  county  auditor  forthwith 
to  levy  and  extend  such  tax  upon  all  taxable  property  of  his  county,  or 
of  the  several  school  districts,  respectively,  liable  for  such  loans — as  the 
case  may  be — and  in  all  such  cases  the  tax  so  assessed  shall  be  50  per 
cent,  in  excess  of  the  amount  actually  necessary  to  be  raised  on  account  of 
such  accruing  principal  or  interest.  It  shall  be  levied,  collected  and  paid 
into  the  county  and  State  treasuries  in  the  same  manner  as  State  taxes, 
and  any  excess  collected  over  the  amount  of  such  principal  or  interest 
accruing  in  any  given  year  shall  be  credited  to  the  general  funds  of  the 
respective  counties  or  school  districts.  No  change  of  the  boundaries  of  any 
school  district  after  the  making  of  any  such  loan  shall  operate  to  withdraw 
any  property  from  the  taxation  herein  provided  for ;  nor  shall  any  law  be 
passed  extending  the  time  of  payment  of  any  such  principal  or  interest,  or 
reducing  the  rate  of  such  interest,  or  in  any  manner  waiving  or  impair¬ 
ing  any  rights  of  the  State  in  connection  with  any  such  loan.  Suitable 
laws,  not  inconsistent  with  this  amendment,  may  be  passed  by  the  legisla¬ 
ture  for  the  purpose  of  carrying  the  same  into  effect. — Adopted  November 
2,  1886.  Chapter  193,  G.  L.  of  1887,  made  the  necessary  provisions  for 
giving  effect  to  this  section. 

Section  6.  The  permanent  school  and  university  fund  of  this  State  may 
be  invested  in  the  bonds  of  any  county,  school  district,  city,  town  or  village 
of  this  State,  but  no  such  investment  shall  be  made  until  approved  by  the 
board  of  commissioners  designated  by  law  to  regulate  the  investment  of 
the  permanent  school  fund  and  the  permanent  university  fund  of  this 
State:  nor  shall  such  loan  or  investment  be  made  when  the  bonds  to  be 
issued  or  purchased  would  make  the  entire  bonded  indebtedness  exceed 
15  per  cent,  of  the  assessed  valuation  of  the  taxable  real  property  of  the 
county,  school  district,  city,  town  or  village  issuing  the  bonds;  nor  shall 
such  loans  or  indebtedness  be  made  at  a  lower  rate  of  interest  than  3  per 
cent,  per  annum,  nor  for  a  shorter  period  than  five  years,  nor  for  a  longer 
period  than  twenty  years,  and  no  change  of  the  town,  school  district,  city, 
village  or  of  county  lines  shall  relieve  the  real  property  in  such  town, 
school  district,  county,  village  or  city  in  this  State  at  the  time  of  the 
issuing  of  such  bonds  from  any  liability  for  taxation  to  pay  such  bonds. 

MISSISSIPPI— Constitution,  1890 
Article  VIII 
Education 

Section  201.  It  shall  be  the  duty  of  the  legislature  to  encourage  by  all 
suitable  means,  the  promotion  of  intellectual,  scientific,  moral  and  agricul¬ 
tural  improvement,  by  establishing  a  uniform  system  of  free  public  schools, 
by  taxation,  or  otherwise,  for  all  children  between  the  ages  of  5  and  21 
years,  and,  as  soon  as  practicable,  to  establish  schools  of  higher  grade. 

Section  202.  There  shall  be  a  superintendent  of  public  education  elected 
at  the  same  time  and  in  the  same  manner  as  the  governor,  who  shall  have 
the  qualifications  required  of  the  secretary  of  state,  and  hold  his  office  for 
four  years  and  until  his  successor  shall  be  elected  and  qualified,  who  shall 
have  the  general  supervision  of  the  common  schools  and  of  the  educational 
interests  of  the  State,  and  who  shall  perform  such  other  duties  and  receive 
such  compensation  as  shall  be  prescribed  by  law. 

Section  203.  There  shall  be  a  board  of  education,  consisting  of  the 
secretary  of  state,  the  attorney-general  and  the  superintendent  of  public 


50 


education,  for  the  management  and  investment  of  the  school  funds,  accord¬ 
ing  to  law,  and  for  the  performance  of  such  other  duties  as  may  be  pre¬ 
scribed.  The  Superintendent  and  one  other  of  said  board  shall  constitute 
a  quorum. 

Section  204.  There  shall  be  a  superintendent  of  public  education  in 
each  county,  who  shall  be  appointed  by  the  Board  of  Education  by  and 
with  the  advice  and  consent  of  the  Senate,  whose  term  of  office  shall  be  four 
years,  and  whose  qualifications,  compensation  and  duties  shall  be  prescribed 
by  law;  provided,  that  the  legislature  shall  have  power  to  make  the  office  of 
county  school  superintendent  of  the  several  counties  elective,  or  may  other¬ 
wise  provide  for  the  discharge  of  the  duties  of  county  superintendent,  or 
abolish  said  office. 

Section  2Cfe.  A  public  school  shall  be  maintained  in  each  school  district 
in  the  county  at  least  four  months  during  each  scholastic  year.  A  school 
district  neglecting  to  maintain  its  school  four  months  shall  be  entitled 
only  to  such  part  of  the  free  school  fund  as  may  be  required  to  pay  the 
teacher  for  the  time  actually  taught. 

Section  206.  There  shall  be  a  common  school  fund  which  shall  consist 
of  the  poll  tax  (to  be  retained  in  the  counties  where  the  same  is  collected) 
and  an  additional  sum  from  the  general  fund  in  the  State  treasury,  which 
together  shall  be  sufficient  to  maintain  the  common  schools  for  the  term 
of  four  months  in  each  scholastic  year.  But  any  county  or  separate  school 
district  may  levy  an  additional  tax  to  maintain  its  schools  for  a  longer 
time  than  the  term  of  four  months.  The  common  school  fund  shall  be  dis¬ 
tributed  among  the  several  counties  and  several  school  districts  in  propor¬ 
tion  of  educable  children  in  each,  to  be  determined  from  data  collected 
through  the  office  of  State  superintendent  of  education,  in  the  manner  to 
be  prescribed  by  law. 

Section  207.  Separate  schools  shall  be  maintained  for  children  of  the 
white  and  colored  races. 

Section  208.  No  religious  or  other  sect,  or  sects,  shall  ever  control  any 
part  of  the  school  or  other  educational  funds  of  this  State;  nor  shall  any 
funds  be  appropriated  towards  the  support  of  any  sectarian  schools,  or  to 
any  school  that,  at  the  time  of  receiving  such  appropriation,  is  not  con¬ 
ducted  as  a  free  school. 

Section  209.  It  shall  be  the  duty  of  the  legislature  to  provide  by  law 
for  the  support  of  institutions  for  the  education  of  the  deaf,  dumb  and 
the  blind. 

Section  210.  No  public  officers  of  this  State,  or  any  district,  county,  city 
or  town  thereof,  nor  any  teacher  or  trustee  of  any  public  school,  shall  be 
interested  in  the  sale,  proceeds  or  profits  of  any  books,  apparatus  or  furni¬ 
ture  to  be  used  in  any  public  school  in  this  State.*  Penalties  shall  be  pro¬ 
vided  by  law  for  the  violation  of  this  section. 

Section  211.  The  legislature  shall  enact  such  laws  as  may  be  necessary 
to  ascertain  the  true  condition  of  the  title  to  the  sixteenth  section  of  land 
in  this  State,  or  land  granted  in  lieu  thereof,  in  the  Choctaw  purchase, 
and  shall  provide  that  the  sixteenth  section  lands  reserved  for  the  support 
of  township  schools  shall  not  be  sold,  nor  shall  they  be  leased  for  a  longer 
term  than  ten  years  for  a  gross  sum;  but  the  legislature  may  provide  for 
the  lease  of  any  of  said  lands  for  a  term  not  exceeding  25  years  for  a 
ground  rental  payable  annually,  and,  in  case  of  uncleared  lands,  may  lease 
them  for  such  short  term  as  may  be  deemed  proper  in  consideration  of  the 
improvement  thereof,  with  right  thereafter  to  lease  for  a  term  or  to  hold 
on  payment  of  ground  rent. 

Section  212.  The  rate  of  interest  on  the  fund  known  as  the  Chickasaw 
school  fund,  and  other  trust  funds  for  educational  purposes,  for  which  the 
State  is  responsible,  shall  be  fixed  and  remain  as  long  as  said  funds  are 


51 


held  by  the  State,  at  6  per  centum  per  annum,  from  and  after  the  close  of 
the  fiscal  year  A.  D.  1891,  and  the  distribution  of  said  interest  shall  be 
made  semi-annually  on  the  first  of  May  and  November  of  each  year. 

Section  213.  The  State  having  received  and  appropriated  the  land 
donated  to  it  for  the  support  of  Agricultural  and  Mechanical  Colleges,  by 
the  United  States,  and  having,  in  furtherance  of  the  beneficent  design  of 
Congress  in  granting  said  land,  established  the  Agricultural  and  Mechan¬ 
ical  College  of  Mississippi  and  the  Alcorn  Agricultural  and  Mechanical 
College,  it  is  the  duty  of  the  State  to  sacredly  carry  out  the  conditions  of 
the  act  of  Congress,  upon  the  subject,  approved  July  2,  A.  D.  1862,  and  the 
legislature  shall  preserve  intact  the  endowments  to,  and  support,  said 
colleges. 


MISSOURI  CONSTITUTION— Amended  to  1902 
Article  XI 
Education 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being 
essential  to  the  preservation  of  the  rights  and  liberties  of  the  people,  the 
General  Assembly  shall  establish  and  maintain  free  public  schools  for  the 
gratuitous  instruction  of  all  persons  in  this  State  between  the  ages  of  6 
and  20  years. 

Section  2.  The  income  of  all  the  funds  provided  by  the  State  for  the  sup¬ 
port  of  free  public  schools  shall  be  paid  annually  to  the  several  county 
treasurers,  to  be  disbursed  according  to  law;  but  no  school  district  in  which 
a  free  public  school  has  not  been  maintained  at  least  three  months  during 
the  year  for  which  the  distribution  is  made,  shall  be  entitled  to  receive  any 
portion  of  such  funds. 

Section  3.  Separate  free  public  schools  shall  be  established,  for  the  educa¬ 
tion  of  children  of  African  descent. 

Section  4.  The  supervision  of  instruction  in  the  public  schools  shall  be 
vested  in  a  “Board  of  Education,'’  whose  powers  and  duties  shall  be  pre¬ 
scribed  by  law.  The  Superintendent  of  Public  Schools  shall  be  president 
of  the  board.  The  Governor,  Secretary  of  State  and  Attorney-General  shall 
be  ex-officio  members,  and,  with  the  Superintendent,  compose  said  Board  of 
Education. 

Section  5.  The  General  Assembly  shall,  whenever  the  Public  School  fund 
will  permit,  and  the  actual  necessity  of  the  same  may  require,  aid  and 
maintain  the  State  University,  now  established,  with  its  present  depart¬ 
ments.  The  government  of  the  State  University  shall  be  vested  in  a  Board 
of  Curators,  to  consist  of  nine  members,  to  be  appointed  by  the  Governor, 
by  and  with  the  advice  and  consent  of  the  Senate. 

Section  6.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may 
be  granted  by  the  United  States  to  this  State,  and  not  otherwise  appropri¬ 
ated  by  this  State  or  the  United  States;  also,  all  moneys,  stocks,  bonds, 
lands  and  other  property  now  belonging  to  any  State  fund  for  purposes  of 
education;  also,  the  net  proceeds  of  all  sales  of  lands  and  other  property 
and  effects  that  may  accrue  to  the  State  by  escheat,  from  unclaimed  divi¬ 
dends  and  distributive  shares  of  the  estates  of  deceased  persons ;  also, 
any  proceeds  of  the  sales  of  the  public  lands  which  may  have  been  or  here¬ 
after  may  be  paid  over  to  this  State  (if  Congress  will  consent  to  such 
appropriation)  ;  also,  all  other  grants,  gifts  or  devises  that  have  been  or 
hereafter  may  be  made  to  this  State,  and  not  otherwise  appropriated  by  the 
State  or  the  terms  of  the  grant,  gift  or  devise  shall  be  paid  into  the 
State  treasury,  and  securely  invested  and  sacredly  preserved  as  a  Public 


52 


School  Fund;  the  annual  income  of  which  fund,  together  with  so  much  of 
the  ordinary  revenue  of  the  State  as  may  be  by  law  set  apart  for  that 
purpose,  shall  be  faithfully  appropriated  for  establishing  and  maintaining 
the  free  public  schools  and  the  State  University  in  this  article  provided  for, 
and  for  no  other  uses  or  purposes  whatsoever. 

Section  7.  In  case  the  Public  School  Fund  now  provided  and  set  apart 
by  law  for  the  support  of  free  public  schools  shall  be  insufficient  to  sustain 
a  free  school  at  least  four  months  in  every  year  in  each  school  district  of 
this  State,  the  General  Assembly  may  provide  for  such  deficiency  in 
accordance  with  Section  eleven  of  the  article  on  revenue  and  taxation;  but 
in  no  case  shall  there  be  'set  apart  less  than  twenty-five  per  cent,  of  the 
State  revenue,  exclusive  of  the  Interest  and  Sinking  Funds,  to  be  applied 
annually  to  the  support  of  the  public  schools. 

Section  8.  All  moneys,  stocks,  bonds,  lands  and  other  property  belonging 
to  a  county  school  fund;  also,  the  net  proceeds  from  the  sale  of  estrays; 
also,  the  clear  proceeds  of  all  penalties  and  forfeiture,  and  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  or  military  laws 
of  the  State,  and  all  moneys  which  shall  be  paid  by  persons  as  an  equiva¬ 
lent  for  exemption  from  military  duty,  shall  belong  to  and  be  securely  in¬ 
vested  and  sacredly  preserved  in  the  several  counties,  as  a  county  public 
school  fund;  the  income  of  which  fund  shall  be  faithfully  appropriated  for 
establishing  and  maintaining  free  public  schools  in  the  several  counties  of 
this  State. 

Section  9.  No  part  of  the  Public  School  fund  of  the  State  shall  ever  be 
invested  in  the  stock  or  bonds  or  other  obligations  of  any  other  State, 
or  of  any  county,  city,  town  or  corporation;  and  the  proceeds  of  the  sales 
of  any  lands  or  other  property  which  now  belong,  or  may  hereafter  belong, 
to  said  school  fund,  shall  be  invested  in  the  bonds  of  the  State  of  Missouri 
or  of  the  United  States. 

Section  10.  All  county  school  funds  shall  be  loaned  only  upon  unen¬ 
cumbered  real  estate  security,  of  double  the  value  of  the  loan,  with  personal 
security  in  addition  thereto. 

Section  11.  Neither  the  General  Assembly,  nor  any  county,  city,  town, 
township,  school  district  or  other  municipal  corporation  shall  ever  make 
an  appropriation  or  pay  from  any  public  fund  whatever  anything  in  aid  of 
any  religious  creed,  church  or  sectarian  purpose;  or  to  help  support  or 
sustain  any  private  or  public  school,  academy,  seminary,  college,  university 
or  other  institution  of  learning,  controlled  by  any  religious  creed,  church 
or  sectarian  denomination  whatever;  nor  shall  any  grant  or  donation  of 
personal  property  or  real  estate  ever  be  made  by  the  State,  or  any  county, 
city,  town  or  other  municipal  corporation,  for  any  religious  creed,  church 
or  sectarian  purpose  whatever. 

CONSTITUTION  OF  MONTANA — with  Amendments  to  1909 
Article  XI 

Section  1.  It  shall  be  the  duty  of  the  legislative  assembly  of  Montana  to 
establish  and  maintain  a  general,  uniform  and  thorough  system  of  public 
free  common  schools. 

Section  2.  The  public  school  fund  of  the  State  shall  consist  of  the 
proceeds  of  such  lands  as  have  heretofore  been  granted,  or  may  hereafter 
be  granted  to  the  State  by  the  general  government,  known  as  school  lands; 
and  those  granted  in  lieu  of  such;  lands  acquired  by  gift  or  grant  from 
any  person  or  corporation  under  any  law  or  grant  of  the  general  govern¬ 
ment;  and  of  all  other  grants  of  land,  or  money,  made  to  the  State  from  the 
general  government  for  general  educational  purposes,  or  where  no  other 


53 


special  purpose  is  indicated  in  such  grant;  all  estates  or  distributive  shares 
of  the  estates  that  may  escheat  to  the  State;  all  unclaimed  shares  and 
dividends  of  any  corporation  incorporated  under  the  laws  of  the  State,  and 
all  other  grants,  gifts,  devises  or  bequests  made  to  the  State  for  general 
educational  purposes. 

Section  3.  Such  public  school  fund  shall  forever  remain  inviolate,  guar¬ 
anteed  by  the  State  against  loss  and  diversion,  to  be  invested*  so  far  as 
possible,  in  public  securities  within  the  State,  including  school  district 
bonds;  issued  for  the  erection  of  school  buildings,  under  the  restrictions  to 
be  provided  by  law. 

Section  4.  The  Governor,  Superintendent  of  Public  Instruction,  Secre¬ 
tary  of  State  and  Attorney-General  shall  constitute  the  State  Board  of  land 
commissioners,  which  shall  have  the  direction,  control,  leasing  and  sale  of 
the  school  lands  of  the  State,  and  the  lands  granted,  or  which  may  here¬ 
after  be  granted  for  the  support  and  benefit  of  the  various  State  educational 
institutions,  under  such  regulations  and  restrictions  as  may  be  prescribed 
by  law. 

Section  5.  The  interest  on  all  invested  school  funds  of  the  State,  and 
all  rents  accruing  from  the  leasing  of  any  school  lands,  shall  be  apportioned 
to  the  several  school  districts  of  the  State  in  proportion  to  the  number  of 
children  and  youths  between  the  ages  of  6  and  21  years  residing  therein 
respectively,  but  no  district  shall  be  entitled  to  such  distributive  shares 
that  does  not  maintain  a  public  free  school  for  at  least  three  months  during 
the  year  for  which  distribution  shall  be  made. 

Section  6.  It  shall  be  the  duty  of  the  legislative  assembly  to  provide  by 
taxation,  or  otherwise,  sufficient  means,  in  connection  with  the  amount 
received  from  the  general  school  fund,  to  maintain  a  public,  free  common 
school  in  each  organized  district  in  the  State  for  at  least  three  months  in 
each  year. 

Section  7.  The  public  free  schools  of  the  State  shall  be  open  to  all 
children  and  youths  between  the  ages  of  G  and  21  years. 

Section  8.  Neither  the  legislative  assembly,  nor  any  county,  city,  town 
or  school  district,  or  other  public  corporations,  shall  ever  make,  directly 
or  indirectly,  any  appropriation,  or  pay  from  any  public  fund  or  moneys 
whatever,  or  make  any  grant  of  lands  or  other  property  in  aid  of  any 
church,  or  for  any  sectarian  purpose,  or  to  aid  in  the  support  of  any  school, 
academy,  seminary,  college,  university,  or  other  literary,  scientific  institu¬ 
tion  controlled  in  whole  or  in  part  by  any  church,  sect  or  denomination 
whatever. 

Section  9.  No  religious  or  partisan  test  or  qualification  whatever  shall 
ever  be  required  of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  the  State,  either  as  teacher  or  student;  nor 
shall  attendance  be  required  at  any  religious  service  whatever,  nor  shall 
any  sectarian  tenets  be  taught  in  any  public  institution  of  the  State;  nor 
shall  any  person  be  debarred  admission  to  any  of  the  collegiate  departments 
of  the  university  on  account  of  sex. 

Section  10.  The  legislative  assembly  shall  provide  that  all  elections  for 
school  district  officers  shall  be  separate  from  those  elections  at  which  State 
or  county  officers  are  voted  for. 

Section  11.  The  general  control  and  supervision  of  the*  State  university 
and  the  various  other  State  educational  institutions  shall  be  vested  in  a 
State  board  of  education,  whose  powers  and  duties  shall  be  prescribed  and 
regulated  by  law.  The  said  board  shall  consist  of  11  members;  the  Gov¬ 
ernor,  State  Superintendent  of  Public  Instruction  and  the  Attorney-General 
being  members  ex-officio,  the  other  eight  members  thereof  shall  be  appointed 
by  the  Governor,  subject  to  the  confirmation  of  the  Senate,  under  the  regula¬ 
tions  and  restrictions  to  be  provided  by  law. 


54 


Section  12.  The  funds  of  the  State  university  and  of  all  other  State 
institutions  of  learning,  from  whatever  source  accruing,  shall  forever 
remain  inviolate  and  sacred  to  the  purpose  for  which  they  were  dedicated. 
The  various  funds  shall  be  respectively  invested  under  such  regulations  as 
may  he  prescribed  by  law,  and  shall  be  guaranteed  by  the  State  against  loss 
or  diversion.  The  interest  of  said  invested  funds,  together  with  the  rents 
from  leased  lands  or  properties,  shall  be  devoted  to  the  maintenance  and 
perpetuation  of  these  respective  institutions. 


CONSTITUTION  OF  NEBRASKA— Amended  to  1913 
Article  VIII 

Section  I.  Board  of  Education  Lands  and  Funds.  The  Governor,  Secre¬ 
tary  of  State,  Treasurer,  Attorney-General  and  Commissioner  of  Public 
Lands  and  Buildings  shall,  under  the  direction  of  the  legislature,  constitute 
a  Board  of  Commissioners,  for  the  sale,  leasing  and  general  management  of 
all  lands  and  funds  set  apart  for  educational  purposes,  and  for  the  invest¬ 
ment  of  school  funds,  in  such  manner  as  may  be  prescribed  by  law. 

Section  2.  Property.  How  Used.  All  lands,  money  or  other  property 
granted  or  bequeathed,  or  in  any  manner  conveyed  to  this  State  for  educa¬ 
tional  purposes,  shall  be  used  and  expended  in  accordance  with  the  terms  of 
such  grant,  bequest  or  conveyance. 

Section  3.  Permanent  School  Fund.  The  following  are  hereby  declared 
to  be  perpetual  funds  for  common  school  purposes,  of  which  the  annual 
interest  or  income  only  can  be  appropriated,  to  wit : 

First.  Such  per  centum  as  has  been  or  may  hereafter  be,  granted  by 
Congress  on  the  sale  of  lands  in  this  State. 

Second.  All  moneys  arising  from  the  sale  or  leasing  of  sections  number 
16  and  36  in  each  township  in  this  State,  and  the  lands  selected,  or  that 
may  be  selected,  in  lieu  thereof. 

Third.  The  proceeds  of  all  lands  that  have  been,  or  may  hereafter  be, 
granted  to  this  State,  whereby  the  terms  and  conditions  of  such  grant  the 
same  are  not  to  be  otherwise  appropriated. 

Fourth.  The  net  proceeds  of  lands  and  other  property  and  effects  that 
may  come  to  this  State,  by  escheat  or  forfeiture,  or  from  unclaimed  divi¬ 
dends,  or  distributive  shares  of  the  estates  of  deceased  persons. 

Fifth.  All  moneys,  stocks,  bonds,  lands  and  other  property,  now  belong¬ 
ing  to  the  common  school  fund. 

Section  4.  Temporary  School  Fund.  All  other  grants,  gifts  and  devises 
that  have  been,  or  may  hereafter  be,  made  to  this  State,  and  not  otherwise 
appropriated  by  the  terms  of  the  grant,  gift  or  devise,  the  interest  arising 
from  all  the  funds  mentioned  in  the  preceding  section,  together  with  all 
the  rents  of  the  unsold  school  lands,  and  such  other  means  as  the  legislature 
may  provide,  shall  be  exclusively  applied  to  the  support  and  maintenance 
of  common  schools  in  each  school  district  in  the  State. 

Section  5.  Fines,  Penalties  and  License  Moneys.  All  fines,  penalties 
and  license  moneys,  arising  under  the  general  laws  of  the  State,  shall 
belong  and  be  paid  over  to  the  counties  respectively,  where  the  same  may 
be  levied  or  imposed,  and  all  fines,  penalties  and  license  moneys  arising 
under  the  rules,  by-laws  or  ordinances  of  cities,  villages,  towns,  precincts 
or  other  municipal  subdivisions  less  than  a  county,  shall  belong  and  be 
paid  over  to  the  same  respectively.  All  such  fines,  penalties  and  license 
moneys  shall  be  appropriated  exclusively  to  the  use  and  support  of  the 
common  schools  in  the  respective  subdivisions  where  the  same  may  accrue. 

Section  6.  Common  Schools,  Free.  The  legislature  shall  provide  for  the 


55 


free  instruction  in  the  common  schools  of  this  State  of  all  persons  between 
the  ages  of  five  and  twenty-one  years. 

Section  7.  Income.  Distribution.  Provision  shall  be  made  by  general 
law  for  an  equitable  distribution  of  the  income  of  the  fund  set  apart  for 
the  support  of  the  common  schools,  among  the  several  school  districts  of 
the  State,  and  no  appropriation  shall  be  made  from  said  fund  to  any  dis¬ 
trict  for  the  year  in  which  school  is  not  maintained  for  at  least  three 
months. 

Section  8.  Educational  lands.  Price.  University,  agricultural  college, 
common  school  or  other  lands,  which  are  now  held  or  may  hereafter  be 
acquired  by  the  State  for  educational  purposes,  shall  not  be  sold  for  less 
than  seven  dollars  per  acre,  nor  less  than  the  appraised  value. 

Section  9.  Funds  Inviolate.  Investment.  All  funds  belonging  to  the 
State  for  educational  purposes,  the  income  and  interest  whereof  only  are 
to  be  used,  shall  be  deemed  trust  funds  held  by  the  State,  and  the  State  shall 
supply  all  losses  thereof,  that  may  in  any  manner  accrue,  so  that  the 
same  shall  remain  forever  inviolate  and  undiminished;  and  shall  not  be 
invested  or  loaned  except  on  United  States  or  State  securities,  or  regis¬ 
tered  county  bonds  of  this  State,  or  registered  school  district  bonds  of 
this  State;  and  such  other  securities  as  fhe  Legislature  may  from  time 
to  time  direct.  And  such  funds,  with  the  interest  and  income  thereof,  are 
hereby  solemnly  pledged  to  the  purposes  for  which  they  are  granted  and 
set  apart,  and  shall  not  be  transferred  to  any  other  fund  for  other  uses. 

Section  10.  University  government.  Regents.  The  general  government 
of  the  University  of  Nebraska  shall,  under  the  direction  of  the  Legislature, 
be  vested  in  a  board  of  six  regents,  to  be  styled  The  Board  of  Regents  of  the 
University  of  Nebraska,  who  shall  be  elected  by  the  electors  of  the  State  at 
large,  and  their  term  of  office,  except  those  chosen  at  the  first  election  as 
hereinafter  provided,  shall  be  six  years.  Their  duties  and  powers  shall  be 
prescribed  by  law;  and  they  shall  receive  no  compensation,  but  may  be 
reimbursed  their  actual  expenses  incurred  in  the  discharge  of  their  duty. 

Section  11.  Sectarian  Instruction  Prohibited.  No  sectarian  instruction 
shall  be  allowed  in  any  school  or  institution  supported  in  whole  or  in  part 
by  the  public  fund  set  apart  for  educational  purposes;  nor  shall  the  State 
accept  any  grant,  conveyance,  or  bequest  of  money,  lands  or  other  property 
to  be  used  for  sectarian  purposes. 

Section  12.-  Reform  Schools.  The  legislature  may  provide  by  law  for  the 
establishment  of  a  school  or  schools  for  the  safe  keeping,  education,  em¬ 
ployment  and  reformation  of  all  children  under  the  age  of  sixteen  years, 
who  for  want  of  proper  parental  care,  or  other  cause,  are  growing  up  in 
mendicancy  or  crime. 

CONSTITUTION  OF  NEVADA— 1913 
Article  XI 

Section  1.  The  Legislature  shall  encourage  by  all  suitable  means  the 
promotion  of  intellectual,  literary,  scientific,  mining,  mechanical,  agricul¬ 
tural  and  moral  improvement,  and  also  provide  for  the  election  by  the 
people,  at  the  general  election,  of  a  superintendent  of  public  instruction, 
whose  term  of  office  shall  be  two  years  from  the  first  Monday  of  January, 
A. D.,  1865,  and  until  tbe  election  and  the  qualification  of  his  successor,  and 
whose  duties  shall  be  prescribed  by  law. 

Section  2.  The  Legislature  shall  provide  for  a  uniform  system  of  com¬ 
mon  schools,  by  which  a  school  shall  be  established  and  maintained  in  each 
school  district  at  least  six  months  in  every  year;  and  any  school  district 
neglecting  to  establish  and  maintain  such  a  school  or  which  shall  allow 


56 


instruction  of  a  sectarian  character  therein,  may  be  deprived  of  its  propor¬ 
tion  of  the  interest  of  the  public  school  fund  during  such  neglect  or  in¬ 
fraction;  and  the  Legislature  may  pass  such  laws  as  will  tend  to  secure  a 
general  attendance  of  the  children  in  each  school  district  upon  said  public 
schools. 

Section  3.  All  lands,  including  the  16th  and  36th  sections  in  any  town¬ 
ship  donated  for  the  benefit  of  public  schools  in  the  act  of  the  38th 
Congress,  to  enable  the  people  of  Nevada  territory  to  form  a  State  govern¬ 
ment,  the  30,000  acres  of  public  land  granted  by  an  Act  of  Congress,  ap¬ 
proved  July  2nd,  A.  D.,  1862,  for  each  Senator  and  Representative  in  Con¬ 
gress,  and  all  proceeds  of  lands  that  have  been  or  may  hereafter  be  granted 
or  appropriated  by  the  United  States  to  this  State,  and  also  the  500,000 
acres  of  land  granted  to  the  new  State  under  the  Act  of  Congress  dis¬ 
tributing  the  proceeds  of  the  public  lands  among  the  several  States  of  the 
Union  approved  A.  D.,  1841 ;  provided,  that  Congress  make  provision  for 
or  authorize  such  diversion  to  be  made  for  the  purpose  herein  contained; 
all  estates  that  may  escheat  to  the  State;  all  of  such  per  centum  as  may 
be  granted  by  Congress  on  the  sale  of  lands,  all  fines  collected  under  the 
penal  laws  of  the  State;  all  property  given  or  bequeathed  to  the  State  for 
educational  purposes,  and  all  proceeds  derived  from  any  or  all  of  said 
sources  shall  be  and  the  same  are  hereby  solemnly  pledged  for  educational 
purposes,  and  shall  not  be  transferred  to  any  other  fund  for  other  uses; 
and  the  interest  thereon  shall,  from  time  to  time,  be  apportioned  among 
the  several  counties  as  the  Legislature  may  provide  by  law;  and  the 
Legislature  shall  provide  for  the  sale  of  floating  land  warrants  to  cover 
the  aforesaid  lands,  and  for  the  investment  of  all  proceeds  derived'  from 
any  of  the  above-mentioned  sources,  in  United  States  bonds,  or  the  bonds 
of  this  State,  or  the  bonds  of  other  States  of  the  Union,  or  the  bonds  of 
any  county  in  the  State  of  Nevada  for  educational  purposes,  and  any  sur¬ 
plus  interest  shall  be  added  to  the  principal  sum;  and  provided  further, 
that  such  portion  of  said  interest  as  may  be  necessary  may  be  appro¬ 
priated  for  the  support  of  the  state  university.  (As  amended  and 
approved  1912.) 

Section  4.  The  Legislature  shall  provide  for  the  establishment  of  a 
state  university,  which  shall  embrace  departments  for  agriculture,  me¬ 
chanic  arts  and  mining,  to  be  controlled  by  a  board  of  regents  whose 
duties  shall  be  prescribed  by  law. 

Section  5.  The  Legislature  shall  have  the  power  to  establish  normal 
schools,  and  such  different  grade  of  schools,  from  the  primary  department 
to  the  university,  as  in  their  discretion  they  may  deem  necessary,  and 
all  professors  in  said  university,  or  teachers  in  said  schools,  of  whatever 
grade  shall  be  required  to  take  and  subscribe  to  the  oath  as  prescribed 
in  Article  XV  of  this  constitution.  No  professor  or  teacher  who  fails 
to  comply .  with  the  provisions  of  any  law  framed  in  accordance  with 
the  provisions  of  this  section  shall  be  entitled  to  receive  anv  portion 
of  the  public  moneys  set  apart  for  school  purposes. 

Section  6.  The  Legislature  shall  provide  a  special  tax,  which  shall 
not  exceed  two  mills  on  the  dollar  of  all  taxable  property  in  the  State, 
in  addition  to  the  other  means  provided  for  the  support  and  mainten¬ 
ance  of  said  university  and  common  schools.  (As  amended  Feb.  11,  1889.) 

Section  7.  The  Governor,  Secretary  of  State  and  Superintendent  of 
Public  Instruction  shall  for  the  first  four  years  and  until  their  succes¬ 
sors  are  elected  and  qualified,  constitute  a  board  of  regents,  to  control 
and  manage  the  affairs  of  the  university  and  the  funds  of  the  same, 
under  such  regulations  as  may  be  provided  by  law.  But  the  Legislature 
shall,  at  its  regular  session  next  preceding  the  expiration  of  the  term 


57 


of  office  of  the  said  board  of  regents,  provide  for  the  election  of  a  new 
hoard  of  regents  and  define  their  duties. 

Section  8.  The  board  of  regents  shall,  from  the  interest  accruing 
from  the  funds  which  come  under  their  control,  immediately  organize  and 
maintain  the  said  mining  department  in  such  manner  as  to  make  it  most 
effective  and  useful ;  provided,  that  all  the  proceeds  of  the  public  lands 
donated  by  Act  of  Congress  approved  July  2nd,  A.  D.,  1862,  for  a  college 
for  the  benefit  of  agriculture,  the  mechanic  arts,  and  including  military 
tactics,  shall  be  invested  by  the  said  board  of  regents  in  a  separate  fund, 
to  be  appropriated  exclusively  for  the  benefit  of  the  first  named  depart¬ 
ments  to  the  university,  as  set  forth  in  Section  4  above;  and  the  Legis¬ 
lature  shall  provide  that  if,  through  neglect  or  any  other  contingency 
any  portion  of  the  fund  so  set  apart  shall  be  lost* or  misappropriated, 
the  State  of  Nevada  shall  replace  said  amount  so  lost  or  misappropriated 
in  said  fund,  so  that  the  principal  of  the  said  fund  shall  remain  forever 
undiminished. 

Section  9.  No  sectarian  instruction  shall  be  imparted  or  tolerated  in 
any  school  or  university  that  may  be  established  under  this  constitution. 

Section  10.  No  public  fund  of  any  kind  or  character  whatever,  State, 
•county  or  municipal,  shall  be  used  for  sectarian  purposes.  (Section  10 
was  added  to  Article  XI  by  amendment  and  approved  1880.) 


CONSTITUTION  OF  NEW  HAMPSHIRE— 1902 
Encouragement  of  Literature,  Etc. 

Article  82.  Knowledge  and  learning  generally  diffused  through  a  com¬ 
munity  being  essential  to  the  preservation  of  a  free  government,  and 
spreading  the  opportunities  and  advantages  of  education  through  various 
parts  of  the  country  being  highly  conducive  to  promote  this  end,  it 
shall  be  the  duty  of  the  legislators  and  magistrates,  in  all  future  periods 
of  this  government,  to  cherish  the  interests  of  literature  and  the  sciences, 
and  all  seminaries  and  public  schools;  to  encourage  private  and  public 
institutions,  rewards  and  immunities  for  the  promotion  of  agriculture, 
arts,  sciences,  commerce,  trades,  manufactures  and  natural  history,  of  the 
country;  to  countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry  and  economy, 
honesty  arid  punctuality,  sincerity,  sobriety,  and  all  social  affections  and 
generous  sentiments  among  the  people ;  provided  nevertheless  that  no 
money  raised  by  taxation  shall  ever  be  granted  or  applied  for  the  use  of 
the  schools  or  institutions  of  any  religious  sect  or  denomination.  Free 
and  fair  competition  in  the  trades  and  industries  is  an  inherent  and 
essential  right  of  the  people  and  should  be  protected  against  all  monopo¬ 
lies  and  conspiracies  which  tend  to  hinder  or  destroy  it.  The  size  and 
functions  of  all  corporations  should  be  so  limited  and  regulated  as  to 
prohibit  fictitious  capitalization,  and  provision  should  be  made  for  the 
supervision  and  government  thereof;  Therefore,  all  just  power  possessed 
by  the  State  is  liereb}7  granted  to  the  general  court  to  enact  laws  to 
prevent  the  operations  within  the  State  of  all  persons  and  associations, 
and  all  trusts  and  corporations,  foreign  and  domestic,  and  the  officers 
thereof,  who  endeavor  to  raise  the  price  of  any  article  of  commerce  or 
to  destroy  free  and  fair  competition  in  the  trades  and  industries  through 
combination,  conspiracy,  monopoly,  or  any  other  unfair  means;  to  control 
and  regulate  the  acts  of  all  such  persons,  associations,  corporations, 
trusts  and  officials  doing  business,  within  the  State;  to  prevent  fictitious 
capitalization;  and  to'  authorize  civil  and  criminal  proceedings  in  respect 
to  all  the  wrongs  herein  declared  against. 


58 


NEW  JERSEY  CONSTITUTION— 1844— Amended  1876  and  1897 


Article  IV 

Section  VI.  The  fund  for  the  support  of  free  schools,  and  all  money, 
stock  and  other  property  which  may  hereafter  be  appropriated  for  that 
purpose,  or  received  into  the  treasury  under  the  provision  of  any  law 
heretofore  passed  to  augment  the  said  fund,  shall  be  securely  invested 
and  remain  a  perpetual  fund;  and  the  income  thereof,  except  so  mucli 
as  it  may  be  judged  expedient  to  apply  to  an  increase  of  the  capital, 
shall  be  annually  appropriated  to  the  support  of  public  free  schools, 
for  the  equal  benefit  of  all  the  people  of  the  State;  and  it  shall  not  be 
competent  for  the  Legislature  to  borrow,  appropriate  or  use  the  said 
fund,  or  any  part  thereof,  for  any  other  purpose,  under  any  pretense 
whatever.  The  legislature  shall  provide  for  the  maintenance  and  sup¬ 
port  of  a  thorough  and  efficient  system  of  free  public  schools  for  the 
instruction  of  all  the  children  in  this  State  between  the  ages  of  five  and 
eighteen  years. 

Section  VII.  The  Legislature  shall  not  pass  private,  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say: 

11.  Providing  for  the  management  and  support  of  free  public  schools. 

NEW  MEXICO— Constitution,  Amended  to  1914 
Article  XII 

Section  1.  A  uniform  system  of  free  public  school  sufficient  for  the  edu¬ 
cation  of,  and  open  to,  all  the  children  of  school  age  in  the  State  shall  be 
established  and  maintained. 

Section  2.  The  permanent  school  fund  of  the  State  shall  consist  of  the 
proceeds  of  sales  of  sections  two,  sixteen,  thirty-two  and  thirty-six  in  each 
township  of  the  State,  or  the  lands  selected  in  lieu  thereof  :  the  proceeds 
of  sales  of  all  lands  that  have  been  or  may  hereafter  be  granted  to 
the  State  not  otherwise  appropriated  by  the  terms  and  conditions  of  the 
grant;  such  portion  of  the  proceeds  of  sales  of  lands  of  the  United  States 
within  the'State  as  has  been  or  may  be  granted  by  Congress;  also  all  other 
grants,  gifts  and  devises  made  to  the  State  the  purpose  of  which  is  not 
otherwise  specified. 

Section  3.  The  schools,  colleges,  universities  and  other  educational  in¬ 
stitutions  provided  for  by  the  constitution  shall  forever  remain  under  the 
exclusive  control  of  the  State,  and  no  part  of  the  proceeds  arising  from  the 
sale  or  disposal  of  any  lands  granted  to  the  State  by  Congress,  or  any 
other  funds  appropriated,  levied  or  collected  for  educational  purposes  shall 
be  used  for  the  support  of  any  sectarian,  denominational  or  private  school, 
college  or  university. 

Section  4.  All  fines  and  forfeitures  collected  under  general  laws;  the 
net  proceeds  of  property  that  may  come  to  the  State  by  escheat,  the 
rentals  of  all  school  lands  and  other  lands  granted  to  the  State,  the  dis¬ 
position  of  which  is  not  otherwise  provided  for  by  the  terms  of  the  grant 
or  by  act  of  Congress;  and  the  income  derived  from  the  permanent  school 
fund,  shall  constitute  the  current  school  fund  of  the  State.  The  legisla¬ 
ture  shall  provide  for  the  levy  and  collection  of  an  annual  tax  upon  all 
taxable  property  in  the  State  .for  the  maintenance  of  the  public  schools, 
the  proceeds  of  such  tax  levy  to  be  added  to  the  current  school  fun4  above 
provided  for.  The  current  school  fund  shall  be  distributed  among  the 
school  districts  of  the  State  in  the  proportion  that  the  number  of  children 
of  school  age  in  each  district  bears  to  the  total  number  of  such  children  in 


59 


the  State,  and  shall  provide  for  the  levy  and  collection  of  additional  local 
taxes  for  school  purposes.  A  public  school  shall  be  maintained  for  at  least 
five  months  in  each  year  in  every  school  district  in  the  State. 

Before  making  the  distribution  above  provided  for,  there  shall  be  taken 
from  the  current  school  fund  as  above  created,  a  sufficient  reserve  to  be 
distributed  among  school  districts  in  which  the  proceeds  of  the  annual 
local  tax,  when  levied  to  the  limit  allowed  by  law,  plus  the  regular  quota 
of  current  school  funds  allotted  to  said  district,  shall  not  be  sufficient  for 
the  maintaining  of  a  school  for  the  full  period  of  five  months,  and  this 
reserve  fund  shall  be  so  distributed  among  such  districts  as  to  enable  each 
district  to  hold  school  for  the  said  period. 

Section  5.  Every  child  of  school  age  and  of  sufficient  physical  and 
mental  ability  shall  be  required  to  attend  a  public  or  other  school  during 
such  period  and  for  such  time  as  may  be  prescribed  by  law. 

Section  6.  A  State  Board  of  Education  is  hereby  created,  to  consist  of 
seven  members.  It  shall  have  the  control,  management  and  direction  of  all 
public  schools,  under  such  regulations  as  may  be  provided  by  law.  The 
Governor  and  the  State  Superintendent  of  Public  Instruction  shall  be  ex- 
officio  members  of  said  board,  and  the  remaining  five  members  shall  be 
appointed  by  the  Governor,  by  and  with  the  consent  of  the  Senate;  and 
shall  include  the  head  of  some  State  educational  institution,  a  county 
superintendent  of  schools,  and  one  other  person  actually  connected  with 
educational  work.  The  legislature  may  provide  for  district  or  other  school 
officers,  subordinate  to  said  board. 

Section  7.  The  principal  of  the  permanent  school  fund  shall  be  invested 
in  the  bonds  of  the  State  or  Territory  of  New  Mexico,  or  of  any  county, 
city,  town,  board  of  education  or  school  district  therein.  The  legislature 
may  by  three-fourths  vote  of  the  members  elected  to  each  house  provide 
that  said  funds  may  be  invested  in  other  interest-bearing  securities.  All 
bonds  or  other  security  in  which  any  portion  of  the  school  fund  shall  be 
invested  must  be  first  approved  by  the  Governor,  Attorney-General  and 
Secretary  of  State.  All  losses  from  such  funds,  however  occurring,  shall 
be  reimbursed  by  the  State. 

Section  8.  The  legislature  shall  provide  for  the  training  of  teachers  in 
the  normal  schools  or  otherwise,  so  that  they  may  become  proficient  in  both 
the  English  and  Spanish  languages,  to  qualify  them  to  teach  Spanish¬ 
speaking  pupils  and  students  in  the  public  schools  and  educational  institu¬ 
tions  of  the  State;  and  shall  provide  proper  means  and  methods  to  facili¬ 
tate  the  teaching  of  the  English  language  and  other  branches  of  learning 
to  such  pupils  and  students. 

Section  9.  No  religious  test  shall  ever  be  required  as  a  condition  of 
admission  into  the  public  schools  or  any  educational  institution  of  this 
State,  either  as  a  teacher  or  student,  and  no  teacher  or  student  of  such 
school  or  institution  shall  ever  be  required  to  attend  or  participate  in  any 
religious  service  whatsoever. 

Section  10.  Children  of  Spanish  descent  in  the  State  of  New  Mexico 
shall  never  be  denied  the  right  and  privilege  of  admission  and  attendance 
in  the  public  schools  or  other  educational  institutions  of  the  State,  and 
they  shall  never  be  classed  in  separate  schools,  but  shall  forever  enjoy 
perfect  equality  with  other  children  in  all  public  schools  and  educational 
institutions  of  the  State,  and  the  legislature  shall  provide  penalties  for 
the  violation  of  this  section.  This  section  shall  never  be  amended  except 
upon  a  vote  of  the  people  of  this  State,  in  an  election  at  which  at  least 
three-fourths  of  the  electors  voting  in  the  whole  State  and  at  least  two- 
thirds  of  those  voting  in  each  county  in  the  State  shall  vote  for  such 
amendment. 

Section  11.  The  University  of  New  Mexico  at  Albuquerque,  the  New 

60 


Mexico  College  of  Agriculture  and  Mechanics  Arts  near  Las  Cruces,  the 
New  Mexico  School  of  Mines  at  Socorro,  the  New  Mexico  Military  Institute 
at  Roswell,  the  New  Mexico  Normal  University  at  Las  Vegas,  the  New 
Mexico  Normal  School  at  Silver  City,  the  Spanish-American  School  at  El 
Rito,  the  New  Mexico  Asylum  for  the  Deaf  and  Dumb  at  Santa  Fe,  and 
the  New  Mexico  Institute  for  the  Blind  at  Alamagordo,  are  hereby  con¬ 
firmed  as  State  educational  institutions.  The  appropriations  made  and 
that  may  hereafter  be  made  to  the  State  by  the  United  States  for  agricul¬ 
tural  and  mechanical  colleges  and  experiment  stations  in  connection  there¬ 
with  shall  be  paid  to  the  New  Mexico  College  of  Agriculture  and  Mechanic 
Arts. 

Section  12.  All  lands  granted  under  the  provisions  of  the  act  of  Con¬ 
gress  entitled  “An  Act  to  enable  the  people  of  New  Mexico  to  form  a  con¬ 
stitution  and  State  government  and  be  admitted  into  the  Union  on  an 
equal  footing  with  the  original  States;  and  to  enable  the  people  of  Arizona 
to  form  a  constitution  and  State  government  and  be  admitted  into  the 
Union  on  an  equal  footing  with  the  original  States,”  for  the  purposes  of 
said  several  institutions  are  hereby  accepted  and  confirmed  to  said  institu¬ 
tions,  and  shall  be  exclusively  used  for  the  purposes  for  which  they  were 
granted;  provided,  that  170,000  acres  of  the  land  granted  by  said  act  for 
normal  school  purposes  are  hereby  equally  apportioned  between  three  said 
normal  institutions,  and  the  remaining  30,000  acres  thereof  is  reserved  for 
a  normal  school  which  shall  be  established  by  the  legislature  and  located  in 
one  of  the  counties  of  Union,  Quay,  Curry,  Roosevelt,  Chavez  or  Eddy. 

Section  13.  The  legislature  shall  provide  for  the  control  and  manage¬ 
ment  of  each  of  said  institutions  by  a  board  of  regents,  for  each  institu¬ 
tion,  consisting  of  five  members  to  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate  for  a  term  of  four  years,  and  not 
more  than  three  of  whom  shall  belong  to  the  same  political  party  at  the 
time  of  their  appointment.  The  duties  of  said  board  shall  be  prescribed 
by  law. 

CONSTITUTION  OF  NEW  YORK— Amended  to  1894 
Article  IX 

Section  1.  The  legislature  shall  provide  for  the  maintenance  and  sup¬ 
port  of  a  system  of  free  common  schools,  wherein  all  the  children  of  this 
State  may  be  educated. 

( New .)  Section  2.  The  corporation  created  in  the  year  1874  under  the 
name  of  The  Regents  of  the  University  of  the  State  of  New  York  is  hereby 
continued  under  the  name  of  The  University  of.  the  State  of  New  York. 
It  shall  be  governed  and  its  corporate  powers,  which  may  be  increased’, 
modified  or  diminished  by  the  legislature,  shall  be  exercised  by  not  less  than 
nine  regents. 

{New.)  Section  3.  The  capital  of  the  common  school  fund,  the  capital  of 
the  literature  fund,  and  the  capital  of  the  United  States  deposit  fund,  shall 
be  respectively  preserved  inviolate.  The  revenue  of  the  said  common  school 
fund  shall  be  applied  to  the  support  of  the  common  schools,  the  revenue  of 
the  literature  fund  shall  be  applied  to  the  support  of  academies;  and  the 
sum  of  $25,000  of  the  revenues  of  the  United  States  deposit  fund  shall  each 
year  be  appropriated  to  and  made  part  of  the  capital  of  the  said  common 
school  fund. 

(Section  1  of  Article  IX  of  the  amended  constitution  of  1846,  without 

change. ) 

Section  4.  Neither  the  State  nor  any  subdivision  thereof  shall  use  its 
property  or  credit  or  any  public  money,  or  authorize  or  permit  either  to  be 


61 


used,  directly  or  indirectly,  in  aid  or  maintenance,  other  than  for  examina¬ 
tion  or  inspection  of  any  school  or  institution  of  learning  wholly  or  in  part 
under  the  control  or  direction  of  any  religious  denomination,  or  in  which 
any  denominational  tenet  or  doctrine  is  taught. 


NORTH  CAROLINA  CONSTITUTION— 1914 
Article  IX 

Section  1.  Religion,  morality  and  knowledge  being  necessary  to  good 
government  and  the  happiness  of  mankind,  schools  and  the  means  of  educa¬ 
tion  shall  forever  be  encouraged. 

Section  2.  The  General  Assembly,  at  its  first  session  under  this  con¬ 
stitution,  shall  provide  by  taxation  and  otherwise  for  a  general  and  uniform 
system  of  public  schools,  wherein  tuition  shall  be  free  of  charge  to  all  the 
children  of  the  State  between  the  ages  of  six  and  twenty-one  years.  And 
the  children  of  the  white  race  and  the  children  of  the  colored  race  shall  be 
taught  in  separate  public  schools;  but  there  shall  be  no  discrimination  in 
favor  of  or  to  the  prejudice  of  either  race. 

Section  3.  Each  county  of  the  State  shall  be  divided  into  a  convenient 
number  of  districts,  in  which  one  or  more  public  schools  shall  be  main¬ 
tained  at  least  four  months  in  every  year ;  and  if  the  Commissioners  of 
any  county  shall  fail  to  comply  with  the  aforesaid  requirements  of  this  sec¬ 
tion  they  shall  be  liable  to  indictment. 

Section  4.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may  be 
granted  by  the  United  States  to  this  State  and  not  otherwise  appropriated 
by  this  State  or  the  United  States,  also  all  moneys,  stocks,  bonds  and  other 
property  now  belonging  to  any  State  fund  for  purposes  of  education,  also 
the  net  proceeds  of  all  sales  of  the  swamp  lands  belonging  to  the  State,  and 
all  other  grants,  gifts  or  devises  that  have  been  or  hereafter  may  be  made 
to  the  State  and  not  otherwise  appropriated  by  the  State  or  by  the  terms 
of  the  grant,  gift  or  devise,  shall  be  paid  into  the  State  Treasury,  and, 
together  with  so  much  of  the  ordinary  revenue  of  the  State  as  may  be  by 
law  set  apart  for  that  purpose,  shall  be  faithfully  appropriated  for  estab¬ 
lishing  and  maintaining  in  this  State  a  system  of  free  public  schools,  and 
for  no  other  uses  or  purposes  whatever. 

Section  5.  All  moneys,  stocks,  bonds  and  other  property  belonging  to  a 
county  school  fund,  also  the  net  proceeds  from  the  sale  of  estrays,  also  the 
clear  proceeds  of  all  penalties  and  forfeitures  and  of  all  fines  collected 
in  the  several  counties  for  any  breach  of  the  penal  or  military  laws  of  the 
State,  and  all  moneys  which  shall  be  paid  by  persons  as  an  equivalent  for 
exemption  from  military  duty,  shall  belong  to  and  remain  in  the  several 
counties,  and  shall  be  faithfully  appropriated  for  establishing  and  main¬ 
taining  free  public  schools  in  the  several  counties  of  the  State;  PRO¬ 
VIDED,  that  the  amount  collected  in  each  county  shall  be  annually  re¬ 
ported  to  the  Superintendent  of  Public  Instruction. 

Section  6.  The  General  Assembly  shall  have  power  to  provide  for  the 
election  of  trustees  of  the  University  of  North  Carolina,  in  whom,  when 
chosen,  shall  be  vested  all  the  privileges,  rights,  franchises  and  endow¬ 
ments  thereof  in  any  wise  granted  to  or  conferred  upon  the  trustees  of  said 
University,  and  the  General  Assembly  may  make  such  provisions,  laws  and 
regulations  from  time  to  time  as  may  be  necessary  and  expedient  for  the 
maintenance  and  management  of  said  University. 

Section  7.  The  General  Assembly  shall  provide  that  the  benefits  of  the 
University,  as  far  as  practicable,  be  extended  to  the  youths  of  the  State 
free  of  expense  for  tuition;  also  that  the  property  which  has  heretofore 
accrued  to  the  State  or  shall  hereafter  accrue  from  escheats,  unclaimed 


62 


dividends  or  distributive  shares  of  the  estates  of  deceased  persons  shall; 
be  appropriated  to  the  use  of  the  University. 

Section  8.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Treasurer,  Auditor,  Superintendent  of  Public  Instruction  and  Attorney- 
General  shall  constitute  a  State  Board  of  Education. 

Section  9.  The  Governor  shall  be  President  and  the  Superintendent  of 
Public  Instruction  shall  be  Secretary  of  the  Board  of  Education. 

Section  10.  The  Board  of  Education  shall  succeed  to  all  the  powers 
and  trusts  of  the  President  and  Directors  of  the  Literary  Fund  of  North 
Carolina,  and  shall  have  full  power  to  legislate  and  make  all  needful  rules 
and  regulations  in  relation  to  free  public  schools  and  the  educational 
fund  of  the  State;  but  all  acts,  rules  and  regulations  of  said  Board  may 
be  altered,  amended  or  repealed  by  the  General  Assembly,  and  when  so 
altered,  amended  or  repealed  they  shall  not  be  re-enacted  by  the  Board. 

Section  11.  The  first  session  of  the  Board  of  Education  shall  be  held 
at  the  capital  of  the  State  within  fifteen  days  after  the  organization  of 
the  State  Government  under  this  Constitution;  the  time  of  future  meetings 
may  be  determined  by  the  Board. 

Section  12.  A  majority  of  the  Board  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Section  13.  The  contingent  expenses  of  the  Board  shall  be  provided  by 
the  General  Assembly.  i 

Section  14.  As  soon  as  practicable  after  the  adoption  of  this  Consti¬ 
tution  the  General  Assembly  shall  establish  and  maintain  in  connection 
with  the  University  a  department  of  agriculture,  of  mechanics,  of  mining 
and  of  normal  instruction. 

Section  15.  The  General  Assembly  is  hereby  empowered  to  enact  that 
every  child  of  sufficient  mental  and  physical  ability  shall  attend  the  public 
schools  during  the  period  between  the  ages  of  six  and  eighteen  years  for  a 
term  of  not  less  than  sixteen  months,  unless  educated  by  other  means. 

CONSTITUTION  OF  NORTH  DAKOTA— 1889 
Article  8 
Education 

Section  147.  A  high  degree  of  intelligence,  patriotism,  integrity  and 
morality  on  the  part  of  every  voter  in  a  government  by  the  people  being 
necessary  in  order  to  insure  the  continuance  of  that  government  and  the 
prosperity  and  happiness  of  the  people,  the  legislative  assembly  shall  make 
provision  for  the  establishment  and  maintenance  of  a  system  of  public 
schools  which  shall  be  open  to  all  children  of  the  State  of  North  Dakota 
and  free  from  sectarian  control.  This  legislative  requirement  shall  be 
irrevocable  without  the  consent  of  the  United  States  and  the  people  of 
North  Dakota. 

Section  148.  The  legislature  shall  provide  at  its  first  session  after  the 
adoption  of  this  constitution,  for  a  uniform  system  of  free  public  schools 
throughout  the  State,  beginning  with  the  primary  and  extending  through 
all  grades  up  to  and  including  the  normal  and  collegiate  course. 

Section  149.  In  all  schools  instruction  shall  be  given  as  far  as  prac¬ 
ticable  in  those  branches  of  knowledge  that  tend  to  impress  upon  the  mind 
the  vital  importance  of  truthfulness,  temperance,  purity,  public  spirit  and 
respect  for  honest  labor  of  every  kind. 

Section  150.  A  superintendent  of  schools  for  each  county  shall  be  elected 
every  two  years,  whose  qualifications,  duties,  powers  and  compensation, 
shall  be  fixed  by  law. 


63 


Section  151.  The  legislative  assembly  shall  take  such  other  steps  as 
may  be  necessary  to  prevent  illiteracy,  secure  a  reasonable  degree  of  uni¬ 
formity  in  course  of  study,  and  to  promote  industrial,  scientific  and  agri¬ 
cultural  improvements. 

Section  152.  All  colleges,  universities  and  other  educational  institu¬ 
tions,  for  the  support  of  which  lands  have  been  granted  to  this  State,  or 
which  are  supported  by  a  public  tax,  shall  remain  under  the  absolute 
and  exclusive  control  of  the  State.  No  money  raised  for  the  support  of 
the  public  schools  of  the  State  shall  be  appropriated  to  or  used  for  the 
support  of  any  sectarian  school. 


Article  9 

School  and  Public  Lands 

Section  153.  All  proceeds  of  the  public  lands  that  have  heretofore  been, 
or  may  hereafter  be,  granted  by  the  United  States  for  the  support  of  the 
common  schools  in  this  State;  all  such  per  centum  as  may  be  granted  by 
the  United  States  on  the  sale  of  public  lands;  the  proceeds  of  property 
that  shall  fall  to  the  State  by  escheat;  the  proceeds  of  all  gifts  and  dona¬ 
tions  to  the  State  for  common  schools  or  not  otherwise  appropriated  by 
the  terms  of  the  gift,  and  all  other  property  otherwise  acquired  by.  com¬ 
mon  schools,  or  not /otherwise  appropriated  by  the  terms  of  the  gift,  and 
all  other  property  otherwise  acquired  for  common  schools,  shall  be  and 
remain  a  perpetual  fund  for  the  maintenance  of  the  common  schools  of 
the  State.  It  shall  be  deemed  a  trust  fund,  the  principal  of  which  shall 
forever  remain  inviolate  and  may  be  increased,  but  never  diminished. 
The  State  shall  make  good  all  losses  thereof. 

Section  154.  The  interest  and  income  of  this  fund,  together  with  the 
net  proceeds  of  all  fines  for  violation  of  State  laws,  and  all  other  sums 
which  may  be  added  thereto  by  law,  shall  be  faithfully  used  and  applied 
each  year  for  the  benefit  of  the  common  schools  of  the  State,  and  shall  be 
for  this  purpose  apportioned  among  and  between  all  the  several  common 
school  corporations  of  the  State  in  proportion  to  the  number  of  children 
in  each  of  school  age,  as  may  be  fixed  by  law,  and  no  part  of  the  fund  shall 
be  diverted,  even  temporarily,  from  this  purpose  or  used  for  any  other 
purpose  whatever  than  the  maintenance  of  common  schools  for  the  equal 
benefit  of  all  the  people  of  the  State;  provided,  however,  that  if  any  por¬ 
tion  of  the  interest  or  income  aforesaid  be  not  expended  during  any  year, 
said  portion  shall  be  added  to  and  become  a  part  of  the  school  fund. 

Section  155.  After  one  year  from  the  assembling  of  the  first  legislative 
assembly  the  lands  granted  to  the  State  from  the  United  States  for  the 
support  of  common  schools  may  be  sold  upon  the  following  conditions,  and 
no  other.  No  more  than  one-fourth  of  all  such  lands  shall  be  sold  within 
the  first  five  years  after  the  same  become  salable  by  virtue  of  this  section. 
No  more  than  one-half  of  the  remainder  within  ten  years  after  the  same 
become  salable  as  aforesaid.  The  residue  may  be  sold  at  any  time  after 
the  expiration  of  said  ten  years.  The  legislative  assembly  shall  provide 
for  the  sale  of  all  school  lands  subject  to  the  provisions  of  this  article. 
The  coal  lands  of  the  State  shall  never  be  sold,  but  the  legislative  assembly 
may  by  general  laws  provide  for  leasing  same.  The  words  “coal  lands” 
shall  include  lands  bearing  lignite  coal. 

Section  156.  The  superintendent  of  public  instruction,  governor, 
attorney-general,  secretary  of  State  and  State  auditor  shall  constitute  a 
board  of  commissioners  which  shall  be  denominated  the  “Board  of  Uni¬ 
versity  and  School  Lands,”  and  subject  to  the  provisions  of  this  article 
and  any  law  that  may  be  passed  by  the  legislative  assembly,  said  board 
shall  have  control  of  the  appraisement,  sale,  rental  and  disposal  of  all 


64 


school  and  university  lands,  and  shall  direct  the  investment  of  the  funds 
arising  therefrom  in  the  hands  of  the  State  treasurer,  under  the  limita¬ 
tions  in  section  160  of  this  article. 

Section  157.  The  county  superintendent  of  common  schools,  the  chair¬ 
man  of  the  county  board  and  the  county  auditor  shall  constitute  boards 
of  appraisal  and  under  the  authority  of  the  State  board  of  university  and 
school  lands  shall  appraise  all  school  lands  within  their  respective  counties 
which  they  may  from  time  to  time  recommend  for  sale  at  their  actual 
value  under  the  prescribed  terms  and  shall  first  select  and  designate  for 
sale  the  most  valuable  lands. 

Section  158.  No  land  shall  be  sold  for  less  than  the  appraised  value 
and  in  no  case  for  less  than  $10  per  acre.  The  purchaser  shall  pay  one- 
fifth  of  the  price  in  cash  and  the  remaining  four-fifths  as  follows:  One- 
fifth  in  five  years,  one-fifth  in  ten  years,  one-fifth  in  fifteen  years  and  one- 
fifth  in  twenty  years  with  interest  at  the  rate  of  not  less  than  six  per 
centum  payable  annually  in  advance.  All  sales  shall  be  held  at  the  county 
seat  of  the  county  in  which  the  land  to  be  sold  is  situate,  and  shall  be  at 
public  auction  and  to  the  highest  bidder,  after  sixty  days’  advertisement  of 
the  same  in  a  newspaper  of  general  circulation  in  the  vicinity  of  the  land 
to  be  sold,  and  one  at  the  seat  of  government.  Such  lands  designated  for 
sale  and  not  sold  within  two  years  after  appraisal  shall  be  reappraised 
before  they  are  sold.  No  grant  or  patent  for  any  such  lands  shall  issue 
until  payment  is  made  for  the  same;  provided  that  the  lands  contracted 
to  be  sold  by  the  State  shall  be  subject  to  taxation  from  the  date  of  such 
contract.  In  case  the  taxes  assessed  against  any  of  said  lands  for  any 
year  remain  unpaid  until  the  first  Monday  in  October  of  the  following  year, 
then  and  thereupon  the  contract  of  sale  for  such  lands  shall  become  null 
and  void. 

Section  159.  All  land,  money  or  other  property  donated,  granted  or 
received  from  the  United  States  or  any  other  source  for  a  university,  school 
of  mines,  reform  school,  agricultural  college,  deaf  and  dumb  asylum, 
normal  school  or  other  educational  or  charitable  institution  or  purpose, 
and  the  proceeds  of  all  such  lands  and  other  property  so  received  from  any 
source,  shall  be  and  remain  perpetual  funds,  the  interest  and  income  of 
which,  together  with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific  objects  of  the 
original  grants  or  gifts.  The  principal  of  every  such  fund  may  be  increased 
but  shall  never  be  diminished,  and  the  interest  and  income  only  shall  be 
used.  Every  such  fund  shall  be  deemed  a  trust  fund  held  by  the  State,  and 
the  State  shall  make  good  all  losses  thereof. 

Section  160.  All  lands  mentioned  in  the  preceding  section  shall  be 
appraised  and  sold  in  the  same  manner  and  under  the  same  limitations 
and  subject  to  all  the  conditions  as  to  price  and  sale  as  provided  above  for 
the  appraisal  and  sale  of  lands  for  the  benefit  of  common  schools;  but  a 
distinct  and  separate  account  shall  be  kept  by  the  proper  officers  of  each 
of  said  funds;  provided  that  the  limitations  as  to  the  time  in  which  school 
land  may  be  sold  shall  apply  only  to  lands  granted  for  the  support  of 
common  schools. 

Section  161.  The  legislative  assembly  shall  have  authority  to  provide 
by  law  for  the  leasing  of  lands  granted  to  the  State  for  educational  and 
charitable  purposes;  but  no  such  law  shall  authorize  leasing  of  said  lands 
for  a  period  longer  than  five  years.  Said  lands  shall  only  be  leased  for 
pasturage  and  meadow  purposes  and  at  a  public  auction  after  notice  as 
heretofore  provided  in  case  of  sale;  provided  that  all  of  said  school  lands 
now  under  cultivation  may  be  leased,  at  the  discretion  and  under  the 
control  of  the  board  of  university  and  school  lands,  for  other  than  pas¬ 
turage  and  meadow  purposes  until  sold.  All  rents  shall  be  paid  in  advance. 


65 


Section  162.  The  moneys  of  the  permanent  school  fund  and  other  edu¬ 
cational  funds  shall  be  invested  only  in  bonds  of  school  corporations  within 
the  State,  bonds  of  the  United  States,  bonds  of  the  State  of  North  Dakota 
or  in  first  mortgages  on  farm  lands  in  the  State,  not  exceeding  in  amount 
one-third  of  the  actual  value  of  any  subdivision  on  which  the  same  may  be 
loaned,  such  value  to  be  determined  by  the  board  of  appraisers  of  school 
lands. 

Section  163.  No  law  shall  ever  be  passed  by  the  legislative  assembly 
granting  to  any  person,  corporation  or  association  any  privileges  by 
reason  of  the  occupation,  cultivation  or  improvement  of  any  public  lands 
by  said  person,  corporation  or  association  subsequent  to  the  survey  thereof 
by  the  general  government.  No  claim  for  the  occupation,  cultivation  or 
improvement  of  any  public  lands  shall  ever  be  recognized,  nor  shall  such 
occupation,  cultivation  or  improvement  of  any  public  lands  ever  be  used 
to  diminish,  either  directly  or  indirectly,  the  purchase  price  of  said  lands. 

Section  164.  The  legislative  assembly  shall  have  authority  to  provide 
by  law  for  the  sale  or  disposal  of  all  public  lands  that  have  been  hereto¬ 
fore  or  may  hereafter  be  granted  by  the  United  States  to  the  State  for 
purposes  other  than  set  forth  and  named  in  sections  153  and  159  of  this 
article.  And  the  legislative  assembly,  in  providing  for  the  appraisement 
sale,  rental  and  disposal  of  the  same,  shall  not  be  subject  to  the  provisions 
and  limitations  of  this  article. 

Section  165.  The  legislative  assembly  shall  pass  suitable  laws  for  the 
safe-keeping,  transfer  and  disbursement  of  the  State  school  funds ;  and 
shall  require  all  officers  charged  with  the  same  or  the  safe-keeping  thereof 
to  give  ample  bonds  for  all  moneys  and  funds  received  by  them,  and  if 
any  of  said  officers  shall  convert  to  his  own  use,  in  any  number  or  form, 
or  shall  loan  with  or  without  interest  or  shall  deposit  in  his  own  name, 
or  otherwise  than  in  the  name  of  the  State  of  North  Dakota  or  shall  deposit 
in  any  banks  or  with  any  person  or  persons,  or  exchange  for  other  funds 
or  property  any  portion  of  the  school  funds  aforesaid,  or  purposely  allow 
any  portion  of  the  same  to  remain  in  his  own  hands  uninvested,  except  in 
the  manner  prescribed  by  law,  every  such  act  shall  constitute  an  embezzle¬ 
ment  of  so  much  of  the  aforesaid  school  funds  as  shall  be  thus  taken  or 
loaned,  or  deposited,  or  exchanged,  or  withheld,  and  shall  be  a  felony; 
and  any  failure  to  pay  over,  produce  or  account  for  the  State  school 
funds  or  any  part  of  the  same  entrusted  to  any  such  officer,  as  by  law 
required  or  demanded,  shall  be  held  and  be  taken  to  be  prima  facie  evidence 
of  such  embezzlement. 

CONSTITUTION  OF  OHIO— 1914 

Section  1.  T^e  principal  of  all  funds  arising  from  the  sale  or  other  dis¬ 
position  of  bonds  or  other  property  granted  or  entrusted  to  this  State  for 
educational  or  religious  purposes  shall  forever  be  preserved  inviolate  and 
undiminished,  and  the  income  arising  therefrom  shall  be  faithfully  applied 
to  the  specified  objects  of  the  original  grants. 

Section  2.  The  General  Assembly  shall  make  such  provision,  by  taxa¬ 
tion  or  otherwise,  as,  with  the  income  arising  from  the  school  trust  fund, 
will  insure  a  thorough  and  efficient  system  of  common  schools  throughout 
the  State;  but  no  religious  or  other  sect  or  sects  shall  ever  have  any 
exclusive  right  or  control  of  any  part  of  the  school  fund. 

Section  3.  Provision  shall  be  made  by  law  for  the  organization,  ad¬ 
ministration  and  control  of  the  public  school  system  of  the  State  sup¬ 
ported  by  public  funds,  provided  that  each  school  district  embraced  wholly 
or  in  part  within  any  city  shall  have  the  power  of  referendum  vote  to 
determine  for  itself  the  number  of  members  and  the  organization  of  the 


66 


district  board  of  education,  and  provision  shall  be  made  by  law  for  the 
exercise  of  this  power  by  such  school  districts.  (Adopted  September  3, 

1912.) 

Section  4.  A  superintendent  of  public  instruction,  to  replace  the  State 
commissioner  of  common  schools,  shall  be  included  as  one  of  the  officers 
of  the  executive  department  to  be  appointed  by  the  Governor  for  the 
term  of  four  years,  with  powers  and  duties  now  exercised  by  the  State 
commissioner  of  common  schools,  until  otherwise  provided  by  law  and 
with  such  powers  as  may  be  provided  by  law.  (Adopted  September  3, 
1912.) 

OKLAHOMA  CONSTITUTION— 1907 

Article  XIII — Schools — Public  Education. 

Section  1.  Free  Public  Schools.  The  Legislature  shall  establish  and 
maintain  a  system  of  free  public  schools  wherein  all  the  children  of  the 
State  may  be  educated. 

Section  2.  Deaf,  dumb  and  blind — institutions.  The  Legislature  shall 
provide  for  the  establishment  and  support  of  institutions  for  the  care 
and  education  of  the  deaf,  dumb  and  blind  of  the  State. 

Section  3.  Separate  schools.  Separate  schools  for  white  and  colored 
children  with  like  accommodations  shall  be  provided  by  the  Legislature 
and  impartially  maintained.  The  term  “colored  children”  as  used  in  this 
section  shall  be  construed  to  mean  children  of  African  descent.  The  term 
“white  children”  shall  include  all  other  children. 

Section  4.  Compulsory  education.  The  Legislature  shall  provide  for 
the  compulsory  attendance  at  some  public  or  other  school,  unless  other 
means  of  education  are  provided,  of  all  the  children  in  the  State  who  are 
sound  in  mind  and  body  between  the  ages  of  8  and  16  for  at  least  three 
months  in  each  year. 

Section  5.  State  board  of  education.  The  supervision  of  instruction 
in  the  public  schools  shall  be  vested  in  a  board  of  education,  whose  powers 
and  duties  shall  be  prescribed  by  law.  The  superintendent  of  public  in¬ 
struction  shall  be  president  of  the  board.  Until  otherwise  provided  by 
law,  the  governor,  secretary  of  state  and  attorney  general  shall  be  ex-officio 
members,  and  with  the  superintendent,  compose  said  board  of  education. 

Section  6.  Text-books — uniform  system.  The  Legislature  shall  provide 
for  a  uniform  system  of  text-books  for  the  common  schools  of  the  State. 

Section  7.  The  Legislature  shall  provide  for  the  teaching  of  the  ele¬ 
ments  of  agriculture,  horticulture,  stock  feeding,  and  domestic  science  in 
the  common  schools  of  the  State. 

Article  V.  Section  46.  Limitations  as  to  special  and  local  laws — The 
Legislature  shall  not,  except  as  otherwise  provided  in  this  constitution, 
pass  any  local  or  special  law-  authorizing: 

(b)  Local  Affairs. — Regulating  the  affairs  of  counties,  cities,  towns, 
wards,  or  school  districts. 

(q)  Public  Schools. — School  houses — Regulating  the  management  of 
public  schols,  the  building  or  repairing  of  school 
houses,  and  the  raising  of  money  for  such  pur¬ 
poses. 

Article  X.  Section  9.  Total  tax  on  an  ad  valorem  basis  for  all  purposes, 
including  State,  county,  toicnship  and  city  or  town  and  school  district — 
additional  schools. 

Except  as  herein  otherwise  provided,  the  total  taxes  on  an  ad  valorem 
basis,  for  all  purposes,  State,  county,  township,  city  or  town,  and  school 


67 


district  taxes,  shall  not  exceed  in  any  one  year  thirty-one  and  one-half 
mills  on  the  dollar,  to  be  divided  as  follows: 

State  levy  not  more  than  three  and  one-half  mills; 

county  levy  not  more  than  eight  mills:  Provided,  That  any  county 
may  levy  not  exceeding  two  mills  additional  for  county  high  school  and 
aid  to  the  common  schools  of  the  county,  not  over  one  mill  of  which  shall 
be  for  such  high  school,  and  the  aid  to  said  common  schools  shall  be  ap¬ 
portioned  as  provided  by  law; 

township  levy  not  more  than  five  mills; 

city  or  town  levy,  not  more  than  ten  mills ; 

school  district  levy,  not  more  than  five  mills  on  the  dollar  for  school 
district  purposes,  for  support  of  common  schools :  Provided,  That  the 
aforesaid  annual  rate  for  school  purposes  may  be  increased  by  any  school 
district  by  an  amount  not  to  exceed  ten  mills  on  the  dollar  valuation, 
on  condition  that  a  majority  of  the  voters  thereof  voting  at  an  election 
vote  for  said  increase. 

Article  X.  Section  10.  To  erect  public  buildings  in  counties,  cities  or 
school  district — tax  limit  may  be  increased. 

For  the  purpose  of  erecting  public  buildings  in  counties,  cities  or  school 
districts,  the  rate  of  taxation  herein  limited  may  be  increased  \tfhen  the 
rate  of  such  increase  and  the  purpose  for  which  it  is  intended  shall  have 
been  submitted  to  a  vote  of  the  people,  and  a  majority  of  the  qualified 
voters  of  such  counties,  cities,  or  school  districts,  voting  at  such  election, 
shall  vote  therefor:  Provided,  That  such  increase  shall  not  exceed  five 
mills  on  the  dollar  of  the  assessed  value  of  the  taxable  property  in  such 
county,  city,  or  school  district. 

Article  XI.  Section  2.  Permanent  ■  common  school  fund — All  proceeds 
of  the  sale  of  public  lands  that  have  heretofore  been  or  may  be  hereafter 
given  by  the  United  States  for  the  benefit  of  the  common  schools  of  this 
State,  all  such  per  centum  as  may  be  granted  by  the  United  States  on 
the  sales  of  public  lands,  the  sum  of  five  million  dollars  appropriated  to 
the  State  for  the  use  and  benefit  of  the  common  schools  in  lieu  of  Sections 
16  and  36,  and  other  lands  of  the  Indian  Territory,  the  proceeds  of  all 
property  that  shall  fall  to  the  State  by  escheat,  the  proceeds  of  all  gifts 
or  donations  to  the  State  for  common  schools  not  otherwise  appropriated 
by  the  terms  of  the  gifts,  and  such  other  appropriations,  gifts,  or  dona¬ 
tions  as  shall  be  made  by  the  legislature  for  the  benefit  of  the  common 
schools,  shall  constitute  the  permanent  school  fund,  the  income  from  which 
shall  be  used  for  the  maintenance  of  the  common  schools  in  the  State. 
The  principal  shall  be  deemed  a  trust  fund  held  by  the  State,  and  shall 
forever  remain  inviolate.  It  may  be  increased,  but  shall  never  be  dimin¬ 
ished.  The  State  shall  reimburse  said  permanent  school  fund  for  all 
losses  thereof  which  may  in  any  manner  occur,  and  no  portion  of  said 
fund  shall  be  diverted  for  any  other  use  or  purpose. 

Section  3.  For  common  schools  only — The  interest  or  income  of  the 
permanent  school  fund,  the  net.  income  from  the  leases  of  public  lands 
which  have  been  or  may  be  granted  by  the  United  States  to  the  State  for 
the  use  and  benefit  of  the  common  schools,  together  with  any  revenue 
derived  from  taxes  authorized  to  be  levied  for  such  purposes,  and  any 
other  sums  which  may  be  added  thereto  by  law,  shall  be  used  and  ap¬ 
plied  each  year  for  the  benefit  of  the  common  schools  of  the  State, 
and  shall  be,  for  this  purpose,  apportioned  among  and  between  all  the 
several  common  school  districts  of  the  State  in  proportion  to  the  school 
population  of  the  several  districts,  and  no  part  of  the  fund  shall  ever  be 
diverted  from  this  purpose,  or  used  for  any  other  purpose  than  the 
support  and  maintenance  of  common  schools  for  the  equal  benefit  of  all 
the  people  of  the  State. 


68 


Section  5.  Lands  for  educational  institutions.  Section  13  in  every  por¬ 
tion  of  the  State  which  has  been  granted  to  the  State,  shall  be  preserved 
for  the  use  and  benefit  of  the  University  of  Oklahoma  and  the  University 
Preparatory  School,  one-third;  of  the  normal  schools  now  established  or 
hereafter  to  be  established,  one-third;  and  of  the  agricultural  and  me¬ 
chanical  college  and  colored  agricultural  and  normal  university  one-third. 
The  said  lands  or  the  proceeds  thereof  as  above  apportioned  to  be  divided 
between  the  institutions  as  the  legislature  may  prescribe;  Provided,  That 
the  said  lands  so  reserved  or  the  proceeds  of  the  sale  thereof,  or  of  any 
indemnity  lands  granted  in  lieu  of  section  13  shall  be  safely  kept  or  in¬ 
vested  and  preserved  by  the  State  as  a  trust,  which  shall  never  be  di¬ 
minished,  but  may  be  added  to,  and  the  income  thereof,  interest,  rentals 
or  otherwise,  only  shall  be  used  exclusively  for  the  benefit  of  said  edu¬ 
cational  institutions.  Such  educational  institutions  shall  remain  under 
the  exclusive  control  of  the  State,  and  no  part  of  the  proceeds  arising  from 
the  sale  or  disposal  of  any  lands  granted  for  educational  purposes,  or 
the  income  or  rental  thereof,  shall  be  used  for  the  support  of  any  re¬ 
ligious  or  sectarian  school,  college  or  university,  and  no  portion  of  the 
funds  arising  from  the  sale  of  sections  13  or  any  indemnity  lands  selected 
in  lieu  thereof,  either  principal  or  interest,  shall  ever  be  diverted  either 
temporarily  or  permanently  from  the  purpose  for  which  said  lands  were 
granted  to  the  State. 

Section  6.  Common  School  and  Educational — Permanent  Fund — Invest¬ 
ment — The  permanent  common  school  and  other  educational  funds  shall 
be  invested  in  the  first  mortgages  upon  good  and  improved  farm  land 
within  the  State  (and  in  no  case  shall  more  than  fifty  per  centum  of  the 
reasonable  valuation  of  lands  without  improvement  be  loaned  on  any 
tract ) ,  Oklahoma  State  Bonds,  county  bonds,  of  the  counties  of  Oklahoma, 
school  district  bonds  of  the  school  districts  of  Oklahoma,  United  States 
bonds;  preference  to  be  given  to  the  securities  in  the  order  named. 

The  legislature  shall  provide  the  manner  of  selecting  the  securities 
aforesaid,  prescribe  the  rules,  regulations,  restrictions  and  conditions  up¬ 
on  which  the  funds  aforesaid  shall  be  loaned  or  invested,  and  do  all 
things  necessary  for  the  safety  of  the  fund  and  the  permanency  of  the 
investment. 


CONSTITUTION  OF  OREGON— Amended  to  1902 
Education  and  School  Lands 
Article  VIII 

Section  1.  The  Governor  shall  be  superintendent  of  public  instruction 
and  his  powers  and  duties  in  that  capacity  shall  be  such  as  may  be  pre¬ 
scribed  by  law;  but  after  the  term  of  five  years  from  the  adoption  of  this 
constitution  (1857)  it  shall  be  competent  for  the  legislative  assembly  to 
provide  by  law  for  the  election  of  a  superintendent,  to  provide  for  his 
compensation  and  prescribe  his  powers  and  duties. 

Section  2.  The  proceeds  of  all  the  lands  which  have  been  or  hereafter 
may  be,  granted  to  this  State  for  educational  purposes  (excepting  the  lands 
heretofore  granted  to  aid  in  the  establishment  of  a  university)  :  all  the 
moneys  and  clear  proceeds  of  all  property  which  may  accrue  to  the  State 
by  escheat  or  forfeiture ;  all  moneys  which  may  be  paid  as  exemption  from 
military  duty;  the  proceeds  of  all  gifts,  devises  and  bequests  made  by  any 
person  to  the  State  for  common  school  purposes;  the  proceeds  of  all 
property  granted  to  the  State,  when  the  purposes  of  such  grants  shall  not 
be  stated ;  all  the  proceeds  of  the  five  hundred  thousand  acres  of  land  tc 


69 


which  the  State  is  entitled  by  the  provisions  of  an  Act  of  Congress,  entitled 
“An  Act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and 
to  grant  preemption  rights,”  approved  the  fourth  of  September,  1841 ;  and 
also  the  five  per  centum  of  the  net  proceeds  of  the  sales  of  the  public  lands 
to  which  this  State  shall  become  entitled  on  her  admission  into  the  Union 
(if  Congress  shall  assent  to  such  appropriation  of  the  two  grants  last 
mentioned),  shall  be  set  apart  as  a  separate  and  irreducible  fund,  to  be 
called  the  common-school  fund,  the  interest  of  which,'  together  with  all 
other  revenues  derived  from  the  school  lands  mentioned  in  this  section, 
shall  be  exclusively  applied  to  the  support  and  maintenance  of  common 
schools  in  each  school  district,  and  purchase  of  suitable  libraries  and 
apparatus  therefor. 

Section  3.  The  legislative  assembly  shall  provide  by  law  for  the  estab¬ 
lishment  of  a  uniform  and  regular  system  of  common  schools. 

Section  4.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
income  of  the  common-school  fund  among  the  several  counties  of  the  State, 
in  proportion  to  the  number  of  children  resident  therein  between  the  ages 
of  four  and  twenty  years. 

Section  5.  The  Governor,  Secretary  of  State  and  State  Treasurer  shall 
constitute  a  board  of  commissioners  for  the  sale  of  school  and  university 
lands,  and  for  the  investment  of  the  funds  arising  therefrom,  and  their 
powers  and  duties  shall  be  such  as  may  be  prescribed  by  law.  Provided, 
that  no  part  of  the  university  funds,  or  of  the  interest  arising  therefrom, 
shall  be  expended  until  the  period  of  ten  years  from  the  adoption  of  this 
constitution,  unless  the  same  shall  be  disposed  of  by  the  consent  of  Congress, 
for  common-school  purposes. 

CONSTITUTION  OF  PENNSYLVANIA— Amended  to  November  7,  1911 

Article  X 

Section  1.  Public  School  System.  The  General  Assembly  shall  provide 
for  the  maintenance  and  support  of  a  thorough  and  efficient  system  of 
public  schools,  wherein  all  the  children  of  this  Commonwealth  above  the  age 
of  six  years  may  be  educated,  and  shall  appropriate  at  least  one  million 
dollars  each  year  for  that  purpose. 

Section  2.  Diversion  of  School  Moneys  to  Sectarian  Schools.  No  money 
raised  for  the  support  of  the  public  schools  of  the  Commonwealth  shall  be 
appropriated  to  or  used  for  the  support  of  any  sectarian  school. 

Section  3.  Women  Eligible  as  School  Officers.  Women  twenty-one  years 
of  age  and  upwards  shall  be  eligible  to  any  office  of  control  or  management 
under  the  school  laws  of  t^iis  State. 

Article  III 

Section  7.  Special  and  Local  Legislation  Limited.  The  General  Assembly 
shall  not  pass  any  local  or  special  law: 

Regulating  the  affairs  of  counties,  cities,  townships,  wards,  boroughs  or 
school  districts. 

Regulating  the  management  of  public  schools,  the  building  or  repairing 
of  school  houses,  and  the  raising  of  money  for  such  purposes. 

Erecting  new  townships  or  boroughs,  changing  township  lines,  borough 
limits  or  school  districts. 

Creating  offices  or  prescribing  the  powers  and  duties  of  officers  in  coun¬ 
ties,  cities,  boroughs,  townships,  election  or  school  districts. 

Section  17.  Appropriations  to  Charitable  and  Educational  Institutions. 
No  appropriation  shall  be  made  to  any  charitable  or  educational  institution 
not  under  the  absolute  control  of  the  Commenwealth,  other  than  normal 


70 


schools  established  by  law  for  the  professional  training  of  teachers  for  the 
public  schools  of  the  State,  except  by  a  vote  of  two-thirds  of  all  the  members 
elected  to  each  House. 

Article  IV 

Section  1.  Executive  Department.  The  Executive  Department  of  this 
Commonwealth  shall  consist  of  a  Governor,  Lieutenant-Governor,  Secretary 
of  the  Commonwealth,  Attorney-General,  Auditor-General,  State  Treasurer, 
Secretary  of  Internal  Affairs  and  a  Superintendent  of  Public  Instruction. 

Section  8.  Appointing  Power  of  Governor.  Vacancies.  Confirmation  by 
the  Senate.  He  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  two-thirds  of  all  the  members  of  the  Senate,  appoint  a  Secretary  of  the 
Commonwealth  and  an  Attorney-General  during  pleasure,  a  Superintendent 
of  Public  Instruction  for  four  years,  and  such  other  officers  of  the  Com¬ 
monwealth  as  he  is  or  may  be  authorized  by  the  constitution  or  by  law  to 
appoint;  he  shall  have  power  to  fill  all  vacancies  that  may  happen  in 
offices  to  which  he  may  appoint,  during  the  recess  of  the  Senate,  by  granting 
commissions  which  shall  expire  at  the  end  of  their  next  session;  he  shall 
have  power  to  fill  any  vacancy  that  may  happen,  during  the  recess  of  the 
Senate,  in  the  office  of  the  Auditor-General,  State  Treasurer,  Secretary  of 
Internal  Affairs  or  Superintendent  of  Public  Instruction,  in  a  judicial  office, 
or  in  any  other  elective  office  which  he  is  or  may  be  authorized  to  fill; 
if  the  vacancy  shall  happen  during  the  session  of  the  Senate,  the  Governor 
shall  nominate  to  the  Senate,  before  their  final  adjournment,  a  proper 
person  to  fill  said  vacancy;  but  in  any  such  case  of  vacancy  in  an  elective 
office  a  person  shall  be  chosen  to  said  office  on  the  next  election  day  appro¬ 
priate  to  such  office  according  to  the  provisions  of  this  constitution,  unless 
the  vacancy  shall  happen  within  two  calendar  months  immediately  pre¬ 
ceding  such  election  day,  in  which  case  the  election  for  said  office  shall  be 
held  on  the  second  succeeding  election  day  appropriate  to  such  office.  In 
acting  on  executive  nominations  the  Senate  shall  sit  with  open  doors,  and 
in  confirming  or  rejecting  the  nominations  of  the  Governor  the  vote  shall 
be  taken  by  yeas  and  nays  and  shall  be  entered  on  the  journal. 

(Amendment  of  November  2,  1909.) 

Article  VI 

Section  4.  Tenure  of  Office.  Removals  from  Office.  All  officers  shall 
hold  their  office  on  the  condition  that  they  behave  themselves  well  while 
in  office,  and  shall  be  removed  on  conviction  of  misbehavior  in  office  or  of 
any  infamous  crime.  Appointed  officers,  other  than  judges  of  the  courts  of 
record  and  the  Superintendent  of  Public  Instruction,  may  be  removed  at 
the  pleasure  of  the  power  by  which  they  shall .  have  been  appointed.  All 
officers  elected  by  the  people,  except  Governor,  Lieutenant-Governor,  mem¬ 
bers  of  the  General  Assembly  and  judges  of  the  courts  of  record  learned  in 
the  law,  shall  be  removed  by  the  Governor  for  reasonable  cause  after  due 
notice  and  full  hearing,  on  the  address  of  two-thirds  of  the  Senate. 

CONSTITUTION  OF  RHODE  ISLAND 
Article  XII 

Section  1.  The  diffusion  of  knowledge,  as  well  as  of  virtue,  among  the 
people,  being  essential  to  the  preservation  of  their  rights  and  liberties,  it 
shall  be  the  duty  of  the  general  assembly  to  promote  public  scools,  and  to 
adopt  all  means  which  they  may  deem  necessary  and  proper  to  secure  to 
the  people  the  advantages  and  opportunities  of  education. 

Section  2.  The  money  which  now  is  or  which  may  hereafter  be  appro¬ 
priated  by  law  for  the  establishment  of  a  permanent  fund  for  the  support 


71 


of  public  schools,  shall  be  securely  invested,  and  remain  a  perpetual  fund 
for  that  purpose. 

Section  3.  All  donations  for  the  support  of  public  schools,  or  for  other 
purposes  of  education,  which  may  be  received  by  the  general  assembly,  shall 
be  applied  according  to  the  terms  prescribed  by  the  donors. 

Section  4.  The  general  assembly  shall  make  all  necessary  provisions  by 
law  for  carrying  this  article  into  effect.  They  shall  not  divert  said  money 
or  fund  from  the  aforesaid  uses,  nor  borrow,  appropriate,  or  use  the  same, 
or  any  part  thereof,  for  any  other  purpose  under  any  pretense  whatsoever. 

CONSTITUTION  OF  SOUTH  CAROLINA— Amended  to  1914 
Article  NI 

Section  1.  The  supervision  of  public  instruction  shall  be  vested  in  a 
State  superintendent  of  education,  who  shall  be  elected  for  the  term  of  two 
years  by  the  qualified  electors  of  the  State,  in  such  manner  and  at  such 
time  as  tbe  other  State  officers  are  elected;  his  powers,  duties  and  com¬ 
pensation  shall  be  defined  by  the  General  Assembly. 

Section  2.  There  shall  be  a  State  Board  of  Education,  composed  of  the 
Governor,  the  State  Superintendent  of  Education,  and  not  exceeding  seven 
persons  to  be  appointed  by  the  Governor  every  four  years,  of  which  Board 
the  Governor  shall  be  chairman,  and  the  State  Superintendent  of  Education 
secretary.  This  Board  shall  have  the  regulation  of  examination  of  teachers 
applying  for  certificates  of  qualification,  and  shall  award  all  scholarships, 
and  have  such  other  powers  and  duties  as  may  be  determined  bv  law.  The 
traveling  expenses  of  the  persons  to  be  appointed  shall  be  provided  for  by 
the  General  Assembly. 

Section  3.  The  General  Assembly  shall  make  provision  for  the  election 
or  appointment  of  all  other  necessary  school  officers,  and  shall  define  their 
qualifications,  powers,  duties,  compensation  and  terms  of  office. 

Section  4.  The  salaries  of  the  State  and  county  school  officers  and 
compensation  of  county  treasurers  for  collecting  and  disbursing  school 
moneys  shall  not  be  paid  out  of  the  school  funds,  but  shall  be  otherwise  pro¬ 
vided  for  by  the  General  Assembly. 

Section  5.  The  General  Assembly  shall  provide  for  a  liberal  system  of 
free  public  schools  for  all  children  between  the  ages  of  6  and  21  years, 
and  for  the  division  of  the  counties  into  suitable  school  districts,  as 
compact  in  form  as  practicable,  having  regard  to  natural  boundaries,  and 
not  to  exceed  forty-nine  or  be  less  than  nine  square  miles  in  area :  Pro¬ 
vided,  that  in  cities  of  10,000  inhabitants  and  over,  this  limitation  of 
area  shall  not  apply:  Provided  further,  that  when  any  school  district 
laid  out  under  this  section  shall  embrace  cities  or  towns  already  organized 
into  special  school  districts  in  which  graded  school  buildings  have  been 
erected  by  the  issue  of  bonds,  or  by  special  taxation,  or  by  donation,  all 
the  territory  included  in  said  school  district  shall  bear  its  just  propor¬ 
tion  of  any  tax  that  may  be  levied  to  liquidate  such  bonds  or  support  the 
public  schools  therein:  Provided  further,  that  nothing  in  this  article  con¬ 
tained  shall  be  construed  as  a  repeal  of  the  laws  under  which  the  several 
graded  school  districts  of  this  State  are  organized.  The  present  division  of 
the  counties  into  school  districts  and  the  provisions  of  law  now  governing 
the  same  shall  remain  until  changed  by  the  General  Assembly. 

Section  6.  The  existing  county  boards  of  commissioners  of  the  several 
counties,  or  such  officer  or  officers  as  may  hereafter  be  vested  with  the  same 
or  similar  powers  and  duties,  shall  levy  an  annual  tax  of  three  mills  on 
the  dollar  upon  all  the  taxable  property  in  their  respective  counties,  which 
tax  shall  be  collected  at  the  same  time  and  by  the  same  officers  as  the  other 


72 


taxes  for  the  same  year,  and  shall  be  held  in  the  county  treasury  of  the 
respective  counties;  and  the  said  fund  shall  be  apportioned  among  the 
school  districts  of  the  county  in  proportion  to  the  number  of  pupils  enrolled 
in  the  public  schools  of  the  respective  districts,  and  the  officer  or  officers 
charged  by  law  with  making  said  apportionment  shall  notify  the  trustees 
of  the  respective  school  districts  thereof,  who  shall  spend  and  disburse 
the  same  as  the  General  Assembly  may  prescribe.  The  General  Assembly 
shall  define  “enrollment.”  Not  less  than  three  trustees  for  each  school 
district  shall  be  selected  from  the  qualified  voters  and  taxpayers  therein,  in 
such  manner  and  for  such  terms  as  the  General  Assembly  may  determine, 
except  in  cases  of  special  school  districts  now  existing,  where  the  provisions 
of  law  now  governing  the  same  shall  remain  until  changed  by  the  General 
Assembly.  Provided,  the  manner  of  the  selection  of  said  trustees  need  not 
be  uniform  throughout  the  State.  There  shall  be  assessed  on  all  taxable 
polls  in  the  State  between  the  ages  of  21  and  60  years  (excepting  Confed¬ 
erate  soldiers  above  the  age  of  50  years ) ,  an  annual  tax  of  one  dollar  on 
each  poll,  the  proceeds  of  which  tax  shall  be  expended  for  school  purposes 
in  the  several  school  districts  in  which  it  is  collected.  Whenever  during 
the  three  next  ensuing  fiscal  years  the  tax  levied  by  the  said  county  boards 
of  commissioners  or  similar  officers,  and  the  poll  tax,  shall  not  yield  an 
amount  equal  to  three  dollars  per  capita  of  the  number  of  children  enrolled 
in  the  public  schools  of  each  county  for  the  scholastic  year  ending  the  31st 
day  of  October  in  the  year  1895,  as  it  appears  in  the  report  of  the  State 
Superintendent  of  Education  for  said  scholastic  year,  the  Comptroller- 
General  shall,  for  the  aforesaid  three  next  ensuing  fiscal  years,  on  the  first 
day  of  each  of  said  years,  levy  such  an  annual  tax  on  the  taxable  property 
of  the  State  as  he  may  determine  to  be  necessary  to  make  up  such  de¬ 
ficiency,  to  be  collected  as  other  State  taxes,  and  apportion  the  same  among 
the  counties  of  the  State  in  proportion  to  the  respective  deficiencies  therein. 
The  sum  so  apportioned  shall  be  paid  by  the  State  treasurer  to  the  respec¬ 
tive  counties,  in  proportion  to  the  respective  deficiencies  therein,  on  the 
warrant  of  the  Comptroller-General,  and  shall  be  apportioned  among  the 
school  districts  of  the  counties,  and  disbursed  as  other  school  funds;  and 
from  and  after  the  31st  day  of  December,  in  the  year  1898,  the  General 
Assembly  shall  cause  to  be  levied  annually  on  all  the  taxable  property  of 
the  State  such  a  tax,  in  addition  to  the  said  tax  levied  by  the  said  County 
Board  of  Commissioners  or  similar  officers,  and  poll  tax  above  provided,  as 
may  be  necessary  to  keep  the  schools  open  throughout  the  State  for  such 
length  of  time  in  each  scholastic  year  as  the  General  Assembly  may  pre¬ 
scribe;  and  said  tax  shall  be  apportioned  among  the  counties  in  proportion 
to  the  deficiencies  therein  and  disbursed  as  other  school  funds.  Any  school 
district  may  by  the  authority  of  the  General  Assembly  levy  an  additional 
tax  for  the  support  of  its  schools. 

Section  7.  Separate  schools  shall  be  provided  for  children  of  the  white 
and  colored  races,  and  no  child  of  either  race  shall  ever  be  permitted  to 
attend  a  school  provided  for  children  of  the  other  race. 

Section  8.  The  General  Assembly  may  provide  for  the  maintenance  of 
Clemson  Agricultural  College,  the  University  of  South  Carolina  and  the 
Winthrop  Normal  and  Industrial  College,  a  branch  thereof,  as  now  estab¬ 
lished  by  law,  and  may  create  scholarships  therein;  the  proceeds  realized 
from  the  land  scrip  given  by  the  Act  of  Congress  passed  the  second  day  of 
July  in  the  year  1862,  for  the  support  of  an  agricultural  college,  and  any 
lands  or  funds  which  have  heretofore  been  or  may  hereafter  be  given  or 
appropriated  for  educational  purposes  by  the  Congress  of  the  United 
States,  shall  be  applied  as  directed  in  the  acts  appropriating  the  same; 
Provided,  That  the  General  Assembly  shall,  as  soon  as  practicable,  wholly 
separate  Claflin  College  from  Claflin  University  and  provide  for  a  separate 


corps  of  professors  and  instructors  therein,  representation  to  be  given  to 
men  and  women  of  the  negro  race;  and  it  shall  be  the  Colored  Normal, 
Industrial,  Agricultural  and  Mechanical  College  of  the  State. 

Section  9.  The  property  or  credit  of  the  State  of  South  Carolina,  or  of 
any  county,  city,  town,  township,  school  district  or  other  subdivision  of 
the  said  State,  or  any  public  money,  from  whatever  source  derived,  shall 
not,  by  gift,  donation,  loan,  contract,  appropriation  or  otherwise,  he  used 
directly  or  indirectly,  in  aid  or  maintenance  of  any  college,  school,  hospital, 
orphan  house  or  other  institution,  society  or  organization,  of  whatever 
kind,  which  is  wholly  or  in  part  under  the  direction  or  control  of  any 
religious  or  sectarian  denomination,  society  or  organization. 

Section  10.  All  gifts  of  every  kind  for  educational  purposes,  if  accepted 
by  the  General  Assembly,  shall  be  applied  and  used  for  the  purposes  desig¬ 
nated  by  the  giver,  unless  the  same  be  in  conflict  with  the  provisions  of  this 
constitution. 

Section  11.  All  gifts  to  the  State  where  the  purpose  is  not  designated, 
all  escheated  property,  the  net  assets  or  funds  of  all  estates  or  copartner¬ 
ships  in  the  hands  of  the  courts  of  the  State  where  there  have  been  no 
claimants  for  the  same  within  the  last  seventy  years,  and  other  money 
coming  into  the  treasury  of  the  State  by  reason  of  the  twelfth  section  of 
an  act  entitled,  “An  Act  to  provide  a  mode  of  distribution  of  the  moneys  as 
direct  tax  from  the  citizens  of  this  State  by  the  United  States  in  trust  to 
the  State  of  South  Carolina,”  approved  the  24th  day  of  December  in  the 
year  1891,  together  with  such  other  means  as  the  General  Assembly  may 
provide,  shall  be  securely  invested  as  the  State  school  fund,  and  the  annual 
income  thereof  shall  be  apportioned  by  the  General  Assembly  for  the  pur¬ 
pose  of  maintaining  public  schools. 

Section  12.  All  the  net  income  to  be  derived  by  the  State  from  the 
sale  or  license  for  the  sale  of  'spirituous,  malt,  vinous  and  intoxicating 
liquors  and  beverages,  not  including  so  much  thereof  as  is  now  or  may 
hereafter  be  allowed  by  law  to  go  to  the  counties  and  municipal  corpora¬ 
tions  of  the  State,  shall  be  applied  annually  in  aid  of  the  supplementary 
taxes  provided  for  in  the  sixth  section  of  this  article;  and  if  after  said 
application  there  should  be  a  surplus,  it  shall  be  devoted  to  public  school 
purposes,  and  apportioned  as  the  General  Assembly  may  determine;  Pro¬ 
vided,  however,  that  the  said  supplementary  taxes  shall  only  be  levied  when 
the  net  income  aforesaid  from  the  sale  or  license  for  the  sale  of  alcoholic 
liquors  or  beverages  are  not  sufficient  to  meet  and  equalize  the  deficiencies 
for  which  the  said  supplementary  taxes  are  provided. 

SOUTH  DAKOTA  CONSTITUTION— Amended  to  1898 
Article  VIII 

Education  and  School  Lands 

Section  1.  The  stability  of  a  republican  form  of  government  depending 
on  the  morality  and  intelligence  of  the  people  it  shall  be  the  duty  of  the 
legislature  to  establish  and  maintain  a  general  and  uniform  system  of 
public  schools  wherein  tuition  shall  be  without  charge,  and  equally  open 
to  all;  and  to  adopt  all  suitable  means  to  secure  to  the  people  the  ad¬ 
vantages  and  opportunities  of  education. 

Section  2.  All  proceeds  of  the  sale  of  public  lands  that  have  heretofore 
been  or  may  hereafter  be  given  by  the  United  States  for  the  use  of  public 
schools  in  the  State;  all  such  per  centum  as  may  be  granted  by  the  United 
States  on  the  sales  of  public  lands;  the  proceeds  of  all  property  that  shall 
fall  to  the  State  by  escheat;  the  proceeds  of  all  gifts  or  donations  to  the 


74 


State  for  public  schools  or  not  otherwise  appropriated  by  the  terms  of  the 
gift;  and  all  property  otherwise  acquired  for  public  schools,  shall  be  and 
remain  a  perpetual  fund  for  the  maintenance  of  public  schools  in  the 
State.  It  shall  be  deemed  a  trust  fund  held  by  the  State.  The  principal 
shall  forever  remain  inviolate,  and  may  be  increased,  but  shall  never  be 
diminished,  and  the  State  shall  make  good  all  losses  thereof  which  may  in 
any  manner  occur. 

Section  3.  The  interest  and  income  of  this  fund,  together  with  the  net 
proceeds  of  all  fines  for  violation  of  State  laws  and  all  other  sums  which 
may  be  added  thereto  by  law,  shall  be  faithfully  used  and  applied  each  year 
for  the  benefit  of  the  public  schools  of  the  State,  and  shall  be  for  this  pur¬ 
pose  apportioned  among  and  between  all  the  several  public  school  cor¬ 
porations  of  the  State  in  proportion  to  the  number  of  children  in  each  of 
school  age,  as  may  be  fixed  by  law;  and  no  part  of  the  fund,  either  prin¬ 
cipal  or  interest,  shall  ever  be  diverted,  even  temporarily,  from  this  purpose 
or  used  for  any  other  purpose  whatever  than  the  maintenance  of  public 
schools  for  the  equal  benefit  of  all  the  people  of  the  State. 

Section  4.  After  one  year  from  the  assembling  of  the  first  legislature, 
the  lands  granted  to  the  State  by  the  United  States  for  the  use  of  public 
schools  may  be  sold  upon  the  following  conditions  and  no  other :  Not  more 
than  one-third  of  all  such  lands  shall  be  sold  within  the  first  five  years, 
and  no  more  than  two-thirds  within  the  first  fifteen  years  after  the  title 
thereto  is  vested  in  the  State,  and  the  legislature  shall,  subject  to  the  pro¬ 
visions  of  this  article,  provide  for  the  sale  of  the  same. 

The  commissioner  of  school  and  public  lands,  the  State  auditor  and  the 
county  superintendent  of  schools  of  the  counties  severally,  shall  constitute 
boards  of  appraisal  and  shall  appraise  all  school  lands  within  the  several 
cofinties  which  they  may  from  time  to  time  select  and  designate  for  sale,  at 
their  actual  value  under  the  terms  of  sale.  They  shall  take  care  to  first 
select  and  designate  for  sale  the  most  valuable  lands;  and  they  shall  ascer¬ 
tain  all  such  lands  as  may  be  of  special  and  peculiar  value,  other  than 
agricultural,  and  cause  the  proper  subdivision  of  the  same  in  order  that 
the  largest  price  may  be  obtained  therefor. 

Section  5.  No  land  shall  be  sold  for  less  than  the  appraised  value,  and 
in  no  case  for  less  than  ten  dollars  an  acre.  The  purchaser  shall  pay  one- 
fourth  of  the  price  in  cash,  and  the  remaining  three-fourths  as  follows: 
One-fourth  in  five  years,  one-fourth  in  ten  years  and  one-fourth  in  fifteen 
years;  with  interest  thereon  at  the  rate  of  not  less  than  six  per  centum, 
payable  annually  in  advance,  but  all  such  subdivided  lands  may  be  sold 
for  cash,  provided  that  upon  payment  of  the  interest  for  one  full  year  in 
advance  the  balance  of  the  purchase  price  may  be  paid  at  any  time.  All  sales 
shall  be  at  public  auction  to  the  highest  bidder,  after  60  days’  advertise¬ 
ment  of  the  same  in  a  newspaper  of  general  circulation  in  the  vicinity  of 
the  lands  to  be  sold,  and  one  at  the  seat  of  government.  Such  lands  as 
shall  not  have  been  specially  subdivided  shall  be  offered  in  tracts  of  not 
more  than  eighty  acres,  and  those  so  subdivided  in  the  smallest  subdivi¬ 
sions.  All  lands  designated  for  sale  and  not  sold  within  four  years  after 
appraisal  shall  be  reappraised  by  the  board  of  appraisal  as  hereinbefore 
provided  before  they  are  sold. 

Section  6.  All  sales  shall  be  conducted  through  the  office  of  the  commis¬ 
sioner  of  schools  and  public  lands  as  may  be  prescribed  by  law,  and  returns 
of  all  appraisals  and  sales  shall  be  made  to  said  office.  No  sale  shall 
operate  to  convey  any  right  or  title  to  any  lands  for  sixty  days  after  the 
date  thereof,  nor  until  the  same  shall  have  received  the  approval  of  the 
governor  in  such  form  as  may  be  provided  by  law.  No  grant  or  patent  for 
any  such  lands  shall  issue  until  final  payment  be  made. 

Section  7.  All  lands,  money  or  other  property  donated,  granted  or  re- 

75 


ceived  from  the  United  States  or  any  other  source  for  a  university,  agri¬ 
cultural  college,  normal  school  or  other  educational  or  charitable  institu¬ 
tion  or  purpose,  and  the  proceeds  of  all  such  lands  and  other  property  so 
received  from  any  source,  shall  be  and  remain  perpetual  funds,  the  interest 
and  income  of  which,  together  with  the  rents  of  all  such  lands  as  may  re¬ 
main  unsold,  shall  be  inviolably  appropriated  and  applied  to  the  specific 
objects  of  the  original  grants  or  gifts.  The  principal  of  every  such  fund 
may  be  increased,  but  shall  never  be  diminished,  and  the  interest  and  in¬ 
come  only  shall  be  used.  Every  such  fund  shall  be  deemed  a  trust  fund 
held  by  the  State,  and  the  State  shall  make  good  all  losses  therefrom  that 
shall  in  any  manner  occur. 

Section  8.  All  lands  mentioned  in  the  preceding  section  shall  be  ap¬ 
praised  and  sold  in  the  manner  and  by  the  same  officers  and  boards  under 
the  same  limitations  and  subject  to  the  same  conditions  as  to  price,  sale 
and  approval  provided  above  for  the  appraisal  and  sale  of  lands  for  the 
benefit  of  public  schools,  but  a  distinct  and  separate  account  shall  be  kept 
by  the  proper  officers  of  each  of  such  funds. 

Section  9.  No  lands  mentioned  in  this  article  shall  be  leased  except  for 
pasturage  and  meadow  purposes  and  at  public  auction  after  notice  as  here¬ 
inbefore  provided  in  case  of  sale  and  shall  be  offered  in  tracts  not  greater 
than  one  section.  All  rents  shall  be  payable  annually  in  advance,  and  no 
term  of  lease  shall  exceed  five  years,  nor  shall  any  lease  be  valid  until  it 
receives  the  approval  of  the  governor. 

Section  10.  No  claim  to  any  public  lands  by  any  trespasser  thereon  by 
reason  of  occupancy,  cultivation  or  improvement  thereof  shall  ever  be 
recognized;  nor  shall  compensation  ever  be  made  on  account  of  any  im¬ 
provements  made  by  such  trespasser. 

Section  11.  The  moneys  of  the  permanent  school  and  other  educational 
funds  shall  be  invested  only  in  first  mortgages  upon  good  improved  farm 
lands  within  this  State  as  hereinafter  provided,  or  in  bonds  of  school 
corporations  within  the  State,  or  in  bonds  of  the  United  States,  or  of  the 
State  of  South  Dakota.  The  legislature  shall  provide  by  law  the  method 
of  determining  the  amounts  of  said  funds  which  shall  be  invested  from 
time  to  time  in  such  classes  of  securities  respectively,  taking  care  to  secure 
continuous  investments  as  far  as  possible. 

All  moneys  of  said  funds  which  may  from  time  to  time  be  designated  for 
investment  in  farm  mortgages  and  in  the  bonds  of  school  corporations 
shall  for  such  purpose  be  divided  among  the  organized  counties  of  the 
State  in  proportion  to  population  as  nearly  as  provisions  by  law  to  secure 
continuous  investments  may  permit.  The  several  counties  shall  hold  and 
manage  the  same  as  trust  funds,  and  they  shall  be  and  remain  responsible 
and  accountable  for  the  principal  and  interest  of  all  such  moneys  received 
by  them  from  the  date  of  receipt  until  returned  because  not  loaned;  and  in 
case  of  loss  of  any  money  so  appropriated  to  any  county,  such  county  shall 
make  the  same  good  out  of  its  common  revenue.  Counties  shall  invest  said 
money  in  bonds  of  school  corporations,  or  in  first  mortgages  upon  good 
improved  farm  lands  within  their  limits  respectively;  but  no  farm  loan 
shall  exceed  $500  to  any  one  person,  nor  shall  it  exceed  one-half  the  valu¬ 
ation  of-  the  lands  as  assessed  for  taxation,  and  the  rate  of  interest  shall 
not  be  less  than  6  per  centum  per  annum,  and  shall  be  such  other  and 
higher  rate  as  the  legislature  may  provide,  and  shall  be  payable  semi¬ 
annually  on  the  first  days  of  January  and  July;  provided,  that  whenever 
there  are  moneys  of  said  funds  in  any  county  amounting  to  $1,000  that 
cannot  be  loaned  according  to  the  provisions  of  this  section  and  any  law 
pursuant  thereto,  the  said  sum  may  be  returned  to  the  State  treasurer  to 


76 


be  entrusted  to  some  other  county  or  counties,  or  otherwise  invested  under 
the  provisions  of  this  section. 

Each  county  shall  semi-annually,  on  the  first  day  of  January  and  July, 
render  an  account  of  the  condition  of  the  funds  intrusted  to  it  to  the 
auditor  of  State,  and  at  the  same  time  pay  to  or  account  to  the  State 
treasurer  for  the  interest  due  on  all  funds  intrusted  to  it. 

The  legislature  may  provide  by  general  law  that  counties  may  retain 
from  interest  collected  in  excess  of  six  per  centum  per  annum  upon  all  said 
funds  intrusted  to  them,  not  to  exceed  one  per  centum  per  annum.  But 
no  county  shall  be  exempted  from  the  obligation  to  make  semi-annual  pay¬ 
ments  to  the  State  treasury  of  interest  at  the  rate  provided  by  the  law  for 
such  loans,  except  only  said  one  per  centum,  and  in  no  case  shall  the  in¬ 
terest  so  to  be  paid  be  less  than  six  per  centum  per  annum. 

The  legislature  shall  provide  by  law  for  the  safe  investment  of  the  per¬ 
manent  school  and  other  educational  funds,  and  for  the  prompt  collection 
of  interest  and  income  thereof,  and  to  carry  out  the  objects  and  provisions 
of  this  section. 

Section  12.  The  governor  may  disapprove  any  sale,  lease  or  investment 
other  than  such  as  are  intrusted  to  the  counties. 

Section  13.  All  losses  to  the  permanent  school  or  other  educational 
funds  of  this  State  which  shall  have  been  occasioned  by  the  defalcation, 
negligence,  mismanagement  or  fraud  of  the  agents  or  officers  controlling 
and  managing  the  same,  shall  be  audited  by  the  proper  authorities  of  the 
State.  The  amount  so  audited  shall  be  a  permanent  funded  debt  against 
the  State  in  favor  of  the  fund  sustaining  the  loss  upon  which  not  less  than 
six  per  centum  annual  interest  shall  be  paid.  The  amount  of  indebtedness 
so  created  shall  not  be  counted  as  a  part  of  the  indebtedness  mentioned  in 
Article  XIII,  Section  2. 

Section  14.  The  legislature  shall  provide  by  law  for  the  protection  of  the 
school  lands  from  trespass  or  unlawful  appropriation,  and  for  their  defense 
against  all  unauthorized  claims  or  efforts  to  divert  them  from  the  school 
fund. 

Section  15.  The  legislature  shall  make  such  provisions  by  general  tax¬ 
ation,  and  by  authorizing  the  school  corporations  to  levy  such  additional 
taxes  as  with  the  income  from  the  permanent  school  fund  shall  secure  a 
thorough  and  efficient  system  of  common  schools  through  the  State. 

Section  16.  No  appropriation  of  land,  or  other  property  or  credits  to  aid 
any  sectarian  school  shall  ever  be  made  by  the  State,  or  any  county  or 
municipality  within  the  State,  nor  shall  the  State  or  any  county  or  munici¬ 
pality  within  the  State  accept  any  grant,  conveyance,  gift  or  bequest  of 
lands,  money  or  other  property  to  be  used  for  sectarian  purposes,  and  no 
sectarian  instruction  shall  be  allowed  in  any  school  or  institution  aided 
or  supported  by  the  State. 

Section  17.  No  teacher,  State,  county,  township  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  apparatus 
or  furniture  used  or  to  be  used  in  any  school  in  this  State,  under  such 
penalties  as  shall  be  provided  by  law. 

Amendments,  November  4,  1902 

Article  VIII,  Section  2.  The  rate  of  interest  upon  all  investments  of 
the  permanent  school  or  other  educational  funds  mentioned  in  Section  2  of 
Article  VIII  of  the  constitution  of  this  State  is  hereby  changed  and  re¬ 
duced  from  six  per  centum  per  annum  to  five  per  centum  per  annum,  wher¬ 
ever ‘the  said  words  “six  per  centum  per  annum”  occur  in  said  section. 
That  if  the  foregoing  amendment  shall  be  approved  and  ratified  by  the 


people  at  said  election,  as  provided  by  Article  XXIII  of  the  constitution, 
said  Section  2  of  Article  VIII  of  the  constitution  shall  be  thereby  amended 
by  striking  out  the  said  words,  “six  per  centum  per  annum”  wherever  they 
occur  in  said  Section  2  and  substituting  in  lieu  thereof  the  words  “five 
per  centum  per  annum.” 

Amendments,  November  8,  1904 

Article  VIII,  Section  2.  The  moneys  of  the  permanent  school  and  other 
educational  funds  shall  be  invested  only  in  first  mortgages  upon  gooii  im¬ 
proved  farm  lands  within  this  State,  as  hereinafter  provided,  or  in  bonds 
of  school  corporations  within  this  State,  or  in  bonds  of  the  United  States 
or  of  the  State  of  South  Dakota,  or  of  any  organized  county,  township  or 
incorporated  city  in  said  State.  The  legislature  shall  provide  by  law  the 
method  of  determining  the  amount  of  said  funds,  which  shall  be  invested 
from  time  to  time  in  such  classes  of  securities  respectively,  taking  care  to 
secure  continuous  investments  as  far  as  possible. 

All  moneys  of  said  funds  which  may  from  time  to  time  be  designated  for 
investment  in  farm  mortgages  and  in  the  bonds  of  school  corporations,  or 
in  bonds  or  organized  counties,  townships  or  incorporated  cities  within 
this  State,  shall  for  such  purpose  be  divided  among  the  organized  counties 
of  the  State  in  proportion  to  population  as  nearly  as  provisions  by  law  to 
secure  continuous  investment  may  permit.  The  several  counties  shall  hold 
and  manage  the  same  as  trust  funds,  and  they  shall  be  and  remain  respon¬ 
sible  and  accountable  for  the  principal  and  interest  of  all  such  moneys 
received  by  them  from  the  date  of  receipt  until  returned  because  not  loaned ; 
and  in  case  of  loss  of  any  money  so  apportioned  to  any  county,  such  county 
shall  make  the  same  good  out  of  its  common  revenue.  Counties  shall  invest 
said  money  in  bonds  of  school  corporations,  counties,  townships  or  cities,  or 
in  first  mortgages  upon  good  improved  farm  lands  within  their  limits  re¬ 
spectively.  The  amount  of  each  loan  shall  not  exceed  one-third  of  the 
actual  value  of  the  lands  covered  by  the  mortgage  given  to  secure  the  same, 
such  value  to  be  determined  by  the  board  of  county  commissioners  of  the 
county  in  which  the  land  is  situated,  and  in  no  case  shall  more  than  five 
thousand  dollars  ($5,000)  be  loaned  to  any  one  person,  firm  or  corpora¬ 
tion,  and  the  rate  of  interest  shall  not  be  less  than  five  per  cent,  per  annum, 
and  shall  be  such  other  and  higher  rate  as  the  legislature  may  provide,  and 
shall  be  payable  semi-annually  on  the  first  day  of  January  and  July;  pro¬ 
vided,  that  whenever  there  are  moneys  of  said  fund  in  any  county  amount¬ 
ing  to  one  thousand  dollars  that  cannot  be  loaned  according  to  the  provi¬ 
sions  of  this  section,  and  any  law  pursuant  thereto,  the  said  sum  may  be 
returned  to  the  State  treasurer  to  be  intrusted  to  some  other  county  or 
counties,  or  otherwise  invested  under  the  provisions  of  this  section. 

Each  county  shall  semi-annually,  on  the  first  day  of  January  and  July, 
render  an  account  of  the  condition  of  the  funds  intrusted  to  it  to  the 
auditor  of  the  State,  and  at  the  same  time  pay  to  or  account  to  the  State 
treasurer  for  the  interest  due  on  all  funds  intrusted  to  it. 

The  legislature  may  provide  by  general  law  that  counties  may  retain 
from  interest  collected  in  excess  of  five  per  centum  per  annum  upon  all  said 
funds  intrusted  to  them,  not  to  exceed  one  per  centum  per  annum.  But 
no  county  shall  be  exempted  from  the  obligation  to  make  semi-annual  pay¬ 
ments  to  the  State  treasurer  of  interest  at  the  rate  provided  by  law  for 
such  loans,  except  only  said  one  per  centum,  and  in  no  case  shall  the  in¬ 
terest,  so  to  be  paid,  be  less  than  five  per  centum  per  annum. 

The  legislature  shall  provide  by  law  for  the  safe  investment  of  the  per¬ 
manent  school  or  other  educational  funds  and  for  the  prompt  collection  of 
interest  and  income  thereof,  and  to  carry  out  the  objects  and  provisions  of 
this  section. 


78 


CONSTITUTION  OF  TENNESSEE— ADOPTED  1870 


Section  12.  Education  to  be  cherished;  common  school  fund;  poll  tax; 
whites  and  negroes;  colleges,  etc.,  rights  of. 

Knowledge,  learning,  and  virtue  being  essential  to  the  preservation  of 
republican  institutions,  and  the  diffusion  of  the  opportunities  and  advan¬ 
tages  of  education  throughout  the  different  portions  of  the  State,  being 
highly  conducive  to  the  promotion  of  this  end,  it  shall  be  the  duty  of  the 
General  Assembly,  in  all  future  periods  of  this  government,  to  cherish 
literature  and  science.  And  the  fund  called  the  common  school  fund,  and 
all  the  lands  and  proceeds  thereof,  dividends,  stocks,  and  other  property 
of  every  description  whatever,  heretofore  by  law  appropriated,  by  the 
General  Assembly  of  this  State  for  the  use  of  common  schools,  and  all 
such  as  shall  hereafter  be  appropriated,  shall  remain  a  perpetual  fund,  the 
principal  of  which  shall  never  be  diminished  by  legislative  appropriations; 
a,nd  the  interest  thereof  shall  be  inviolably  appropriated  to  the  support 
and  encouragement  of  common  schools  throughout  the  State,  and  for  the 
equal  benefit  of  all  the  people  thereof;  and  no  law  shall  be  made  authoriz¬ 
ing  said  fund  or  any  part  thereof  to  be  diverted  to  any  other  use  than  the 
support  and  encouragement  of  common  schools.  The  State  taxes  derived 
hereafter  from  polls  shall  be  appropriated  to  educational  purposes,  in 
such  manner  as  the  General  Assembly  shall,  from  time  to  time,  direct  by 
law.  No  school  established  or  aided  under  this  section  shall  allow  white 
and  negro  children  to  be  received  as  scholars  together  in  the  same  school. 
The  above  provisions  shall  not  prevent  the  Legislature  from  carrying  into 
effect  any  laws  that  have  been  passed  in  favor  of  the  colleges,  universities, 
or  academies,  or  from  authorizing  heirs  or  distributees  to  receive  and 
enjoy  escheated  property  under  such  laws  as  shall  be  passed  from  time  to 
“time. 

Note. — A  letter  from  the  Secretary  of  State  of  Tennessee,  dated  April 
11,  1911,  states  that  no  amendments  have  ever  been  adopted. 

A  subsequent  note  appears  in  volume  “Letter  December  10,  1913,  states 
that  no  recent  amendments  were  made.” 


TEXAS  CONSTITUTION— AMENDED  TO  1910 
Article  VII 

Education — the  Public  Free  Schools 

Section  1.  A  general  diffusion  of  knowledge  being  essential  to  the 
“preservation  of  the  liberties  and  rights  of  the  people,  it  shall  be  the  duty 
of  the  Legislature  of  the  State  to  establish  and  make  suitable  provision 
lor  the  support  and  maintenance  of  an  efficient  system  of  public  free 
schools. 

Section  2.  All  funds,  lands  and  other  property  heretofore  set  apart  and 
appropriated  for  the  support  of  public  schools,  all  the  alternate  sections 
of  land  reserved  by  the  State  out  of  grants  heretofore  made  or  that  may 
hereafter  be  made  to  railroads  or  other  corporations,  of  any  nature  what¬ 
soever,  one-half  of  the  public  domain  of  the  State,  and  all  sums  of  money 
that  may  come  to  the  State  from  the  sale  of  any  portion  of  the  same,  shall 
constitute  a  perpetual  school  fund. 

Section  3.  There  shall  be  set  apart  annually  not  more  than  one-fourth 
of  the  general  revenue  of  the  State,  and  a  poll  tax  of  one  dollar  on  all  male 


79 


inhabitants  in  this  State  between  the  ages  of  twenty-one  and  sixty  years, 
for  the  benefit  of  the  public  free  schools.  (Const.,  1876.) 

Section  3.  One-fourth  of  the  revenue  derived  from  the  State  occupa¬ 
tion  taxes,  and  a  poll  tax  of  one  dollar  on  every  male  inhabitant  of  thi& 
State  between  the  ages  of  21  and  60  years,  shall  be  set  apart  annually 
for  the  benefit  of  the  public  free  schools,  and,  in  addition  thereto,  there 
shall  be  levied  and  collected  an  annual  ad  valorem  State  tax  of  such 
amount,  not  to  exceed  20  cents  on  the  one  hundred  dollars  valuation,  as, 
with  the  available  school  fund  arising  from  all  other  sources,  will  be 
sufficient  to  maintain  and  support  the  public  free  schools  of  this  State  for 
a  period  of  not  less  than  6  months  in  each  year;  and  the  Legislature  may 
also  provide  for  the  formation  of  school  districts  within  all  or  any  of  the 
counties  of  this  State,  by  general  or  special  law,  without  the  local  notice 
required  in  other  cases  of  special  legislature,  and  may  authorize  an  addi¬ 
tional  annual  ad  valorem  tax  to  be  levied  and  collected  within  such  school 
districts  for  the  further  maintenance  of  public  free  schools  and  the  erec¬ 
tion  of  school  buildings  therein;  PROVIDED,  that  two-thirds  of  the  quali¬ 
fied  property  tax-paying  voters  of  the  district,  voting  at  an  election  to  be 
held  for  that  purpose,  shall  vote  such  tax,  not  to  exceed  in  any  one  year 
20  cents  on  the  one  hundred  dollars  valuation  of  the  property  subject  to 
taxation  in  such  district,  but  the  limitation  upon  the  payment  of  district 
tax  herein  authorized  shall  not  apply  to  incorporated  cities  or  towns  con¬ 
stituting  separate  and  independent  school  districts.  (Amend.  1883.) 

Section  3.  One-fourth  of  the  revenue  derived  from  the  State  occupation 
taxes  and  a  poll  tax  of  one  dollar  on  every  male  inhabitant  of  this  State 
between  the  ages  of  21  and  60  years  shali  be  set  apart  annually  for  the 
benefit  of  the  public  free  schools,  and  in  addition  thereto  there  shall  be 
levied  and  collected  an  annual  ad  valorem  State  tax  of  such  amount  not  to 
exceed  20  cents  on  the  one  hundred  dollars  valuation,  as  with  the  available 
school  fund  arising  from  all  other  sources,  will  be  sufficient  to  maintain 
and  support  the  public  free  schools  of  this  State  for  a  period  of  not  less 
than  6  months  in  each  year,  and  the  Legislature  may  also  provide  for  the 
formation  of  school  districts  within  all  or  any  of  the  counties  of  thi§ 
State  by  general  or  special  law,  without  the  local  notice  required  in  other 
cases  of  special  legislation,  and  may  authorize  an  additional  ad  valorem 
tax  to  be  levied  and  collected  within  such  school  districts  for  the  further 
maintenance  of  public  free  schools,  and  the  erection  and  equipment  of 
school  buildings  therein;  PROVIDED,  that  a  majority  of  the  qualified 
property  taxpaying  voters  of  the  district,  voting  at  an  election  to  be  held 
for  that  purpose,  shall  vote  such  tax,  not  to  exceed  in  any  one  year  5(1 
cents  on  the  one  hundred  dollars  valuation  of  the  property  subject  to  tax¬ 
ation  in  such  district,  but  the  limitation  upon  the  amount  of  district  tax 
herein  authorized  shall  not  apply  to  incorporated  cities  or  towns  constitut¬ 
ing  separate  and  independent  school  districts.  (Amd.  1908.) 

(Section  3,  Article  7,  declared  adopted  September  24,  1909.) 

Section  3.  One-fourth  of  the  revenue  derived  from  the  State  occupation 
taxes  and  a  poll  tax  of  $1  on  every  male  inhabitant  of  this  State  between 
the  ages  of  21  and  60  years  shall  be  set  apart  annually  for  the  benefit  of 
the  public  free  schools,  and  in  addition  thereto  there  shall  be  levied  and 
collected  an  annual  ad  valorem  State  tax  of  such  an  amount,  not  to  exceed 
20  cents  on  the  $100  valuation,  as  with  the  available  school  fund  arising 
from  all  other  sources,  will  be  sufficient  to  maintain  and  support  the 
public  free  schools  of  this  State  for  a  period  of  not  less  than  6  months  in 
each  year,  and  the  Legislature  may  also  provide  for  the  formation  of  school 
districts  by  general  or  special  law,  without  the  local  notice  required  in 
other  cases  of  special  legislation,  and  all  such  school  districts,  whether 


80 


created  by  general  or  special  law  may  embrace  parts  of  two  or  more 
counties.  And  the  Legislature  shall  be  authorized  to  pass  laws  for  the 
assessment  and  collection  of  taxes  in  all  said  districts  and  for  the 
management  and  control  of  the  public  school  or  schools  of  such  districts* 
whether  such  districts  are  composed  of  territory  wholly  within  a  county 
or  in  parts  of  two  or  more  counties.  And  the  Legislature  may  authorize 
an  additional  ad  valorem  tax  to  be  levied  and  collected  within  all  school 
districts  heretofore  formed  or  hereafter  formed  for  the  further  maintenance 
of  public  free  schools,  and  the  erection  and  equipment  of  school  buildings 
therein,  provided  that  a  majority  of  the  qualified  property  tax-paying 
voters  of  the  district,  voting  at  an  election  to  be  held  for  that  purpose, 
shall  vote  such  tax,  not  to  exceed  in  any  one  year  50  cents  on  the  $100’ 
valuation  of  the  property  subject  to  taxation  in  such  district,  but  the 
limitation  upon  the  amount  of  school  district  tax  herein  authorized  shall 
not  apply  to  incorporated  cities  or  towns  constituting  separate  and  inde¬ 
pendent  school  districts. 

Section  3a.  Every  school  district  heretofore  formed,  whether  formed’ 
under  the  general  law  or  by  special  act,  and  whether  the  territory  em¬ 
braced  within  its  boundaries  lies  wholly  within  a  single  county  or  partly 
in  two  or  more  counties,  is  hereby  declared  to  be,  and  from  its  formation- 
to  have  been,  a  valid  and  lawful  district. 

All  bonds  heretofore  issued  by  any  such  districts  which  have  been 
approved  by  the  Attorney-General  and  registered  by  the  Comptroller  are 
hereby  declared  to  be,  and  at  the  time  of  their  issuance  to  have  been, 
issued  in  conformity  with  the  Constitution  and  laws  of  this  State,  and! 
any  and  all  such  bonds  are  hereby  in  all  things  validated  and  declared  to 
be  valid  and  binding  obligations  upon  the  district  or  districts  issuing  same. 

Each  such  district  is  hereby  authorized  to,  and  shall,  annually  levy 
and  collect  an  ad  valorem  tax  sufficient  to  pay  the  interest  on  all  such 
bonds,  and  to  provide  a  sinking  fund  sufficient  to  redeem  the  same  at 
maturity,  not  to  exceed  such  a  rate  as  may  be  provided  by  law  under 
other  provisions  of  this  Constitution.  And  all  trustees  heretofore  elected 
in  districts  made  up  of  more  than  one  county  are  hereby  declared  to  have 
been  duly  elected,  and  shall  be  and  are  hereby  named  as  trustees  of  their 
respective  districts,  with  power  to  levy  the  taxes  herein  authorized  until 
their  successors  shall  be  duly  elected  and  qualified  as  is  or  may  be  provided 
by  law. 

Section  4.  The  lands  herein  set  apart  to  the  public  free  school  fund! 
shall  be  sold  under  such  regulations,  at  such  times  and  on  such  terms  as. 
may  be  prescribed  by  law;  and  the  Legislature  shall  not  have  power  to 
grant  any  relief  to  purchasers  thereof.  The  comptroller  shall  invest  the 
proceeds  of  such  sales,  and  of  those  heretofore  made,  as  may  be  directed 
by  the  Board  of  Education  herein  provided  for,  in  the  bonds  of  this  State, 
if  the  same  can  be  obtained,  otherwise  in  United  States  bonds;  and  the 
United  States  bonds  now  belonging  to  said  fund  shall  likewise  be  invested 
in  State  bonds,  if  the  same  can  be  obtained  on  terms  advantageous  to  the 
school  fund.  (Const.  1876.) 

(Section  4,  Article  7,  declared  adopted  September  25,  1883.) 

Section  4.  The  lands  herein  set  apart  to  the  public  free  school  fund 
shall  be  sold  under  such  regulations,  at  such  times,  and  on  such  terms  as 
may  be  prescribed  by  law;  and  the  Legislature  shall  not  have  power  to 
grant  relief  to  purchasers  thereof.  The  Comptroller  shall  invest  the  pro¬ 
ceeds  of  such  sales,  and  of  those  heretofore  made,  as  may  be  directed  by 
the  Board  of  Education  herein  provided  for,  in  the  bonds  of  the  United 
States,  the  State  of  Texas,  or  counties  of  such  State,  or  in  such  other 
securities  and  under  such  restrictions  as  may  be  prescribed  by  law;  and 
the  State  shall  be  responsible  for  all  investments. 


81 


Section  5.  The  principal  of  all  bonds  and  other  funds,  and  the  principal 
arising  from  the  sale  of  ’lands  hereinbefore  set  apart  to  said  school  fund, 
shall  be  the  permanent  school  fund;  and  all  the  interest  derivable  there¬ 
from  and  the  taxes  herein  authorized  and  levied  shall  be  the  available 
school  fund,  which  shall  be  applied  annually  to  the  support  of  the  public 
free  schools.  And  no  laws  shall  ever  be  enacted  appropriating  any  part  of 
the  permanent  or  available  school  fund  to  any  purpose  whatever;  nor  shall 
the  same,  or  any  part  thereof,  ever  be  appropriated  to  or  used  for  the  sup¬ 
port  of  any  sectarian  school;  and  the  available  school  fund  herein  provided 
shall  be  distributed  to  the  several  counties  according  to  their  scholastic 
population  and  applied  in  manner  as  may  be  provided  by  law.  (Const. 
1876.) 

(Section  5,  Article  7,  declared  adopted  September  22,  1891.) 

Section  5.  The  principal  of  all  bonds  and  other  funds,  and  the  principal 
arising  from  the  sale  of  the  lands  hereinbefore  set  apart  to  said  school 
fund,  shall  be  the  permanent  school  fund;  and  all  the  interest  derivable 
therefrom  and  the  taxes  herein  authorized  and  levied  shall  be  the  available 
school  fund,  to  which  the  Legislature  may  add  not  exceeding  one  per  cent, 
annually  of  the  total  value  of  the  permanent  school  fund ;  such  value  to 
be  ascertained  by  the  Board  of  Education  until  otherwise  provided  by 
law;  and  the  available  school  fund  shall  be  applied  annually  to  the  sup¬ 
port  of  the  public  free  schools.  And  no  law  shall  ever  be  enacted  appropri¬ 
ating  any  part  of  the  permanent  or  available  school  fund  to  any  other 
purpose  whatever;  nor  shall  the  same  or  any  part  thereof  ever  be  appropri¬ 
ated  to  or  used  for  the  support  of  any  sectarian  school;  and  the  avail¬ 
able  school  fund  herein  provided  shall  be  distributed  to  the  several  counties 
according  to  their  scholastic  population  and  applied  in  such  manner  as 
may  be  provided  by  law. 

Section  6.  All  lands  heretofore  or  hereafter  granted  ijo  the  several 
counties  of  this  State  for  education,  or  schools,  are  of  right  the  property 
of  said  counties  respectively  to  which  they  were  granted,  and  title  thereto 
is  vested  in  said  counties,  and  no  adverse  possession  or  limitation  shall 
ever  be  available  against  the  title  of  any  county.  Each  county  may  sell 
or  dispose  of  its  lands  in  whole  or  in  part,  in  manner  to  be  provided  by 
the  commissioners  court  of  the  county.  Actual  settlers  residing  on  said 
lands  shall  be  protected  in  the  prior  right  of  purchasing  the  same  to  the 
extent  of  their  settlement,  not  to  exceed  160  acres,  at  the  price  fixed  by 
said  court,  which  price  shall  not  include  the  value  of  existing  improve¬ 
ments  made  thereon  by  such  settlers.  Said  lands  and  the  proceeds  thereof, 
when  sold,  shall  be  held  by  said  counties  alone  as  a  trust  for  the  benefit 
of  public  schools  therein;  said  proceeds  to  be  invested  in  bonds  of  the 
State  of  Texas,  or  of  the  United  States,  and  only  the  interest  thereon  to 
be  used  and  expended  annually.  (Const.  1876.) 

(Section  6,  Article  7,  declared  adopted  September  25,  1883.) 

Section  6.  All  lands  heretofore  or  hereafter  granted  to  the  several 
counties  of  this  State  for  educational  purposes  are  of  right  the  property 
of  said  counties  respectively  to  which  they  were  granted,  and  title  thereto 
is  vested  in  said  counties,  and  no  adverse  possession  or  limitation  shall 
ever  be  available  against  the  title  of  any  county.  Each  county  may  sell  or 
dispose  of  its  lands  in  whole  or  in  part,  in  a  manner  to  be  provided  by  the 
commissioners  court  of  the  county.  Actual  settlers  residing  on  said  land 
shall  be  protected  in  the  prior  right  of  purchasing  the  same  to  the  extent 
of  their  settlement,  not  to  exceed  160  acres,  at  the  price  fixed  by  said  court, 
which  price  shall  not  include  the  value  of  existing  improvements  made 
thereon  by  such  settlers.  Said  lands,  and  the  proceeds  thereof,  when  sold, 
shall  be  held  by  said  counties  alone  as  a  trust  for  the  benefit  of  public 


82 


schools  therein ;  said  proceeds  to  be  invested  in  bonds  of  the  United  States, 
the  State  of  Texas,  or  counties  in  said  State,  or  in  such  other  securities, 
and  under  such  restrictions  as  may  be  prescribed  by  law;  and  the  counties 
shall  be  responsible  for  all  investments;  the  interest  thereon  and  other 
revenue,  except  the  principal,  shall  be  available  fund. 

Section  7.  Separate  schools  shall  be  provided  for  the  white  and  colored 
children,  and  impartial  provision  shall  be  made  for  both. 

Section  8.  The  Governor,  Comptroller  and  Secretary  of  State  shall  con¬ 
stitute  a  board  of  education,  who  shall  distribute  said  funds  to  the  several 
counties  and  perform  such  other  duties  concerning  public  schools  as  may 
be  prescribed  by  law. 

CONSTITUTION  OF  UTAH— Amended  to  1910 
Article  X 

Section  1.  Free  'Non-Sectarian  Schools.  The  legislature  shall  provide 
for  the  establishment  and  maintaining  of  a  uniform  system  of  public 
schools,  which  shall  be  open  to  all  children  of  the  State,  and  be  free  from 
sectarian  control. 

Section  2.  Public  School  System,  Maintenance.  The  public  school  sys¬ 
tem  shall  include  kindergarten  schools,  common  schools  consisting  of 
primary  and  grammar  grades.  High  Schools,  an  Agricultural  College,  a 
University  and  such  other  schools  as  the  legislature  may  establish.  The 
common  schools  shall  be  free.  The  other  departments  of  the  system  shall 
be  supported  as  provided  by  law.  Provided  that  High  Schools  may  be 
maintained  free  in  all  cities  of  the  first  and  second  class  now  constituting 
school  districts  and  in  such  other  cities  and  districts  as  may  be  designated 
by  the  legislature.  But  where  the  proportion  of  school  moneys  apportioned 
or  accruing  to  any  city  or  district  shall  not  be  sufficient  to  maintain  all  the 
free  schools  in  such  city  or  district,  the  High  School  shall  be  supported  by 
local  taxation. 

Provided,  that  when  any  cities  or  districts  shall  establish  High  Schools, 
the  legislature  may  authorize  the  use  of  State  school  funds  to  assist  in 
supporting  such  schools,  said  funds  being  apportioned  to  the  cities  or  dis¬ 
tricts  concerned  by  the  State  board  of  education. 

(Amendment  adopted  November  6,  1906.) 

Section  3.  Declaring  What  Shall  Constitute  the  State  School  Fund  and 
Providing  for  the  Apportionment  of  High  School  Funds.  The  proceeds  of 
all  lands  that  have  been  or  may  be  granted  by  the  United  States  to  this 
State  for  the  support  of  the  common  schools;  the  proceeds  of  all  property 
that  may  accrue  to  the  State  by  escheat  or  forfeiture;  all  unclaimed  shares 
and  dividends  of  any  corporation  incorporated  under  the  laws  of  this 
State;  the  proceeds  of  the  sale  of  timber,  mineral  or  other  property  from 
school  and  State  lands,  other  than  those  granted  for  specific  purposes;  and 
five  per  centum  of  the  net  proceeds  of  the  sale  of  public  lands  lying  within 
the  State,  which  shall  be  sold  by  the  United  States,  subsequent  to  the  ad¬ 
mission  of  this  State  into  the  Union,  shall  be  and  remain  a  perpetual 
fund,  to  be  called  the  State  School  Fund,  the  interest  of  which  only, 
together  with  such  other  means  as  the  legislature  may  provide,  shall  be 
distributed  among  the  several  school  districts  according  to  the  school  pop¬ 
ulation  residing  therein.  Provided,  that  all  funds  derived  from  any  State 
tax  for  high  schools  shall  be  apportioned  among  the  several  cities  and 
school  districts  according  to  the  attendance  at  the  high  schools  therein ;  but 
no  city  or  district  shall  be  entitled  to  any  part  of  the  fund  derived  from 
the  State  tax  for  high  schools  unless  the  high  school  fund  therein  is  main- 


83 


tained  upon  the  standard  and  for  the  period  during  the  year  that  may  be 
fixed  by  the  State  Board  of  Education. 

(Amendment  adopted  November  8,  1910.) 

Section  4.  University  and  Agricultural  College  Located,  Rights,  etc. 
The  location  and  establishment  by  existing  laws  of  the  University  of  Utah 
and  the  Agricultural  College  are  hereby  confirmed,  and  all  the  rights,  im¬ 
munities,  franchises  and  endowments  heretofore  granted  or  conferred  are 
hereby  perpetuated  unto  said  University  and  Agricultural  College  re¬ 
spectively. 

Section  5.  Proceeds  of  Land  Grants  to  Constitute  Permanent  Funds. 
The  proceeds  of  the  sale  of  lands  reserved  by  an  Act  of  Congress  approved 
February  21,  1855,  for  the  establishment  of  the  University  of  Utah,  and 
of  all  the  lands  granted  by  an  Act  of  Congress,  approved  July  16,  1894, 
shall  constitute  permanent  funds,  to  be  safely  invested  and  held  by  the 
State;  and  the  income  thereof  shall  be  used  exclusively  for  the  support  and 
maintenance  of  the  different  institutions  and  colleges  respectively,  in  ac¬ 
cordance  with  the  requirements  and  conditions  of  said  Acts  of  Congress. 

Section  6.  Separate  Control  of  City  Schools.  In  cities  of  the  first  and 
second  class,  the  public  school  system  shall  be  maintained  and  controlled 
by  the  Board  of  Education  of  such  cities,  separate  and  apart  from  the 
counties  in  which  said  cities  are  located. 

Section  7.  School  Funds  Guaranteed  by  State.  All  public  school  funds 
shall  be  guaranteed  by  the  State  aginst  loss  or  diversion. 

Section  8.  State  Board  of  Education.  The  general  control  and  supervi¬ 
sion  of  the  public  school  system  shall  be  vested  in  a  State  Board  of  Educa¬ 
tion,  consisting  of  the  Superintendent  of  Public  Instruction  and  such  other 
persons  as  the  legislature  may  provide. 

Section  9.  Neither  the  legislature  nor  the  State  Board  of  Education 
shall  have  power  to  prescribe  text  books  to  be  used  in  the  common  schools. 

Section  10.  Institutions  for  Deaf,  Dumb  and  Blind.  Property  Fund. 
Institutions  for  the  Deaf  and  Dumb  and  for  the  Blind  are  hereby  estab¬ 
lished.  All  property  belonging  to  the  school  for  the  Deaf  and  Dumb  here¬ 
tofore  connected  with  the  University  of  Utah  shall  be  transferred  to  said 
Institution  for  the  Deaf  and  Dumb.  All  the  proceeds  of  the  lands  granted 
by  the  United  States  for  the  support  of  a  Deaf  and  Dumb  Asylum,  and  for 
an  Institution  for  the  Blind,  shall  be  a  perpetual  fund  for  the  main¬ 
tenance  of  said  institutions.  It  shall  be  a  trust  fund,  the  principal  of 
which  shall  remain  inviolate,  guaranteed  by  the  State  against  loss  by 
diversion. 

Section  11.  Metric  System.  The  metric-  system  shall  be  taught'  in  the 
public  schools  of  the  State. 

Section  12.  No  Religious  or  Partisan  Tests  in  Schools.  Neither  religious 
or  partisan  test  or  qualification  shall  be  required  of  any  person  as  a  con¬ 
dition  of  admission  as  teacher  or  student  into  any  public  educational  in¬ 
stitution  of  the  State. 

Section  13.  Public  Aid  to  Church  Schools  Forbidden.  Neither  the  legis¬ 
lature,  nor  any  county,  city,  town,  school  district  or  other  public  corpora¬ 
tion  shall  make  any  appropriation  to  aid  in  the  support  of  any  school, 
seminary,  academy,  college,  university  or  other  institution,  in  whole  or  in 
part,  by  any  church,  sect  or  denomination  whatever. 

CONSTITUTION  OF  VERMONT— Amended  to  1883 
1777 

Article  XL.  A  school  or  schools  shall  be  established  in  each  town  by  the 
legislature  for  the  convenient  instruction  of  youth,  with  such  salaries  to 

84 


the  masters  paid  by  each  town  making  proper  use  of  school  houses  in  each 
town,  thereby  enabling  them  to  instruct  youth  at  low  prices.  One  grammar 
school  in  each  county  and  one  university  in  this  State  ought  to  be  estab¬ 
lished  by  direction  of  the  general  assembly. 

1786 

Article  XXXVIII.  Laws  for  the  encouragement  of  virtue  and  prevention 
of  vice  and  immorality  ought  to  be  constantly  kept  in  force  and  duly  ex¬ 
ecuted,  and  a  competent  number  of  schools  ought  to  be  maintained  in  each 
town  for  the  convenient  instruction  of  youth,  and  one  or  more  grammar 
schools  be  incorporated  and  properly  supported  in  each  county  in  each 
State.  And  all  religious  societies  or  bodies  of  men  that  may  be  hereafter 
united  or  incorporated  for  the  advancement  of  religion  and  learning,  or  for 
other  pious  and  charitable  purposes,  shall  be  encouraged  and  protected  in 
the  enjoyment  of  the  privileges,  immunities  and  estates  which  they  in 
justice  ought  to  enjoy,  under  such  regulations  as  the  general  assembly  of 
this  State  shall  direct. 

1791 

Section  4l.  Laws  for  the  encouragement  of  virtue  and  prevention  of  vice 
and  immorality  ought  to  be  constantly  kept  in  force  and  duly  executed, 
and  a  competent  number  of  schools  ought  to  be  maintained  in  each  town 
for  the  instruction  of  youth;  and  one  or  more  grammar  schools  be  incor¬ 
porated  and  properly  supported  in  each  county  in  this  State.  And  all 
religious  societies  or  bodies  of  men  that  may  be  hereafter  united  or  incor¬ 
porated  for  the  advancement  of  religion  and  learning,  or  for  other  pious 
and  charitable  purposes,  shall  be  encouraged  and  protected  in  the  enjoy¬ 
ment  of  the  privileges,  immunities  and  estates  which  they  in  justice  ought 
to  enjoy,  under  such  regulations  as  the  general  assembly  of  the  State  shall 
direct. 


CONSTITUTION  OF  VIRGINIA— Amended  to  1912 
Article  IX 

Education  and  Public  Instruction 

Section  129.  The  General  Assembly  shall  establish  and  maintain  an 
efficient  system  of  public  free  schools  throughout  the  State. 

Section  130.  The  general  supervision  of  the  school  system  shall  be  vested 
in  a  State  Board  of  Education  composed  of  the  Governor,  Attorney  General, 
Superintendent  of  Public  Instruction,  and  three  experienced  educators  to 
be  elected  quadrennially  by  the  Senate,  from  a  list  of  eligibles,  consisting 
of  one  from  each  of  the  faculties,  and  nominated  by  the  respective  boards 
of  visitors  or  trustees,  of  the  University  of  Virginia,  the  Virginia  Mili¬ 
tary  Institute,  the  Virginia  Polytechnic  Institute,  the  State  Female  Nor¬ 
mal  School  at  Farmville,  the  School  for  the  Deaf  and  Blind,  and  also 
•of  the  College  of  William  and  Mary,  so  long  as  the  State  continues  its 
annual  appropriation  to  the  last-named  institution. 

The  board  thus  constituted  shall  select  and  associate  with  itself  two 
division  superintendents  of  schools,  one  from  a  county  and  the  other 
from  a  city,  who  shall  hold  office  for  two  years,  and  whose  powers  and 
duties  shall  be  identical  with  those  of  other  members,  except  that  they 
shall  not  participate  in  the  appointment  of  any  public  school  official. 

Any  vacancy  occurring  during  the  term  of  any  member  of  the  board 
shall  be  filled  for  the  unexpired  term  by  said  board. 

Section  131.  The  Superintendent  of  Public  Instruction,  who  shall  be 
an  experienced  educator,  shall  be  elected  by  the  qualified  voters  of  the 


85 


State  at  the  same  time  and  for  the  same  term  as  the  Governor.  Any 
vacancy  in  said  office  shall  be  filled  for  the  unexpired  term  by  the  said 
board. 

His  duties  shall  be  prescribed  by  the  State  Board  of  Education,  of  which 
he  shall  be  ex-officio  president;  and  his  compensation  shall  be  fixed  by  law. 

Section  132.  The  duties  and  powers  of  the  State  Board  of  Education 
shall  be  as  follows: 

First — It  may,  in  its  discretion,  divide  the  State  into  appropriate 
school  divisions,  comprising  not  less  than  one  county  or  city  each,  but 
no  county  or  city  shall  be  divided  into  formation  of  such  divisions.  It 
shall,  subject  to  the  confirmation  of  the  Senate,  appoint  for  each  of 
such  divisions,  one  superintendent  of  schools,  who  shall  hold  office  for 
four  years,  and  shall  prescribe  his  duties,  and  may  remove  him  for  cause 
and  upon  notice. 

Second — It  shall  have,  regulated  by  law,  the  management  and  invest¬ 
ment  of  the  school  fund. 

Third-*— It  shall  have  authority  to  make  all  needful  rules  and  regula¬ 
tions  for  the  management  and  conduct  of  the  schools,  which,  when  pub¬ 
lished  and  distributed,  shall  have  the  force  and  effect  of  law,  subject 
to  the  authority  of  the  General  Assembly  to  revise,  amend  or  repeal  the 
same. 

Fourth — It  shall  select  text  books  and  educational  appliances  for  use 
in  the  schools  of  the  State,  exercising  such  discretion  as  it  may  see 
fit  in  the  selection  of  books  suitable  for  the  schools  in  the  cities  and 
counties  respectively. 

Fifth — It  shall  appoint  a  board  of  directors,  consisting  of  five  members, 
to  serve  without  compensation,  which  shall  have  the  management  of 
the  State  library  and  the  appointment  of  a  librarian  and  other  em¬ 
ployees  thereof,  subject  to  such  rules  and  regulations  as  the  General 
Assembly  shall  prescribe;  but  the  Supreme  Court  of  Appeals  shall  have 
the  management  of  the  law  library  and  the  appointment  of  the  librarian 
and  other  employees  thereof. 

Section  133.  Each  magisterial  district  shall  constitute  a  separate 
school  district,  unless  otherwise  provided  by  law.  In  each  school  dis¬ 
trict  there  shall  be  three  trustees  selected,  in  the  manner  and  for  the 
term  of  office  prescribed  by  law. 

Section'  134.  The  General  Assembly  shall  set  apart,  as  a  permanent 
and  perpetual  literary  fund,  the  present  literary  fund  of  the  State;  the 
proceeds  of  all  public  lands  donated  by  Congress  for  public  free  school 
purposes;  of  all  escheated  property;  of  all  waste  and  unappropriated 
lands;  of  all  property  accruing  to  the  State  by  forfeiture,  and  all  fines 
collected  for  offenses  committed  against  the  State,  and  such  other  sums 
■as  the  General  Assembly  may  appropriate. 

Section  135.  The  General  Assembly  shall  apply  the  annual  interest 
on  the  literary  fund;  that  portion  of  the  capitation  tax  provided  for  in 
the  constitution  to  be  paid  into  the  State  treasury,  and  not  returnable  to 
the  counties  and  cities;  and  an  annual  tax  on  property  of  not  less  than 
one  nor  more  than  five  mills  on  the  dollar  to  the  schools  of  the  primary 
and  grammar  grades,  for  the  equal  benefit  of  all  the  people  of  the  State, 
to  be  appropriated  on  a  basis  of  school  population ;  the  number  of  chil¬ 
dren  between  the  ages  of  seven  and  twenty  years  in  each  school  district 
to  be  the  basis  of  such  apportionment,  but  if  at  any  time  the  several 
kinds  or  classes  of  property  shall  be  segregated  for  the  purposes  of 
taxation,  so  as  to  specify  and  determine  upon  what  subjects  State  taxes 
and  upon  what  subjects  local  taxes  may  be  levied,  then  the  General 
Assembly  may  otherwise  provide  a  fixed  appropriation  of  State  revenues 


86 


to  the  support  of  the  schools  not  less  than  that  provided  in  this  section. 

Section  136.  Each  county,  city,  town,  if  the  same  be  a  separate  school 
district,  and  school  districts  if  authorized  to  raise  additional  sums  by 
a  tax  on  property,  not  to  exceed  in  the  aggregate  five  mills  on  the 
dollar  in  any  one  year,  to  be  apportioned  and  expended  by  the  local 
school  authorities  of  said  counties,  cities,  towns  and  districts  in 
establishing  and  maintaining  such  schools  as  in*  their  judgment  the 
public  welfare  may  require;  provided,  that  such  primary  schools  as  may 
be  established  in  any  school  year,  shall  be  maintained  at  least  four 
months  of  that  school  year,  before  any  part  of  the  fund  assessed  and 
collected  may  be  devoted  to  the  establishment  of  schools  of  higher 
grade.  The  boards  of  supervisors  of  the  several  counties,  and  the  coun¬ 
cils  of  the  several  cities  and  towns,  if  the  same  be  separate  school  dis¬ 
tricts,  shall  provide  for  the  levy  and  collection  of  such  local  school  taxes. 

Section  137.  The  General  Assembly  may  establish  agricultural,  nor¬ 
mal,  manual  training  and  technical  schools,  and  such  grades  of  schools 
as  shall  be  for  the  public  good. 

Section  138.  The  General  Assembly  may,  in  its  discretion,  provide 
for  the  compulsory  education  of  children  between  the  ages  of  eight  and 
twelve  years,  except  such  as  are  weak  in  body  or  mind,  or  can  read  and 
write,  or  are  attending  private  schools,  or  are  excused  for  cause  by  the 
district  school  trustee. 

Section  139.  Provision  shall  be  made  to  supply  children  attending  the 
public  schools  with  the  necessary  text  books  in  cases  where  the  parent 
or  guardian  is  unable,  by  reason  of  poverty,  to  furnish  them. 

Section  140.  White  and  colored  children  shall  not  be  taught  in  the 
same  school. 

Section  141.  No  appropriation  of  public  funds  shall  be  made  to  any 
school  or  institution  of  learning  not  owned  or  exclusively  controlled 
by  the  State  or  some  political  subdivision  thereof;  provided,  first,  that 
the  General  Assembly  may,  in  its  discretion,  continue  the  appropriations 
to  the  College  of  William  and  Mary.  Second,  that  this  section  shall  not 
be  construed  as  requiring  or  prohibiting  the  continuance  or  discon¬ 
tinuance  by  the  General  Assembly  of  the  payment  of  interest  on  certain 
bonds  held  by  certain  schools  and  colleges  as  provided  by  an  Act  of 
the  General  Assembly,  approved  February  23rd,  1892,  relating  to  bonds 
lield  by  schools  and  colleges ;  third,  that  counties,  cities,  towns  and 
districts  may  make  appropriations  to  non-sectarian  schools  of  manual, 
industrial  or  technical  training,  and  also  to  any  school  or  institution 
of  learning  owned  or  exclusively  controlled  by  such  county,  city,  town 
or  school  district. 

Section  142.  Members  of  the  boards  of  visitors  or  trustees  of  educa¬ 
tional  institutions  shall  be  appointed  as  may  be  provided  by  law,  and 
shall  hold  for  the  term  of  four  years;  provided,  that  at  the  first  ap¬ 
pointment,  if  the  board  be  of  an  even  number,  one-half  of  them,  or  if 
an  odd  number,  the  least  majority  of  them,  shall  be  appointed  for  two 
years. 


WASHINGTON  CONSTITUTION— 1889 
Article  IX 
Education 

Section  1.  It  is  the  paramount  duty  of  the  State  to  make  ample 
provision  for  the  education  of  all  children  residing  within  its  borders, 


87 


without  distinction  or  preference  on  account  of  race,  color,  caste  or  sex. 

Section  2.  The  Legislature  shall  provide  for  a  general  and  uniform 
system  of  public  schools.  The  public  school  system  shall  include  com¬ 
mon  schools,  and  such  high  schools,  normal  schools,  technical  schools  as 
may  hereafter  be  established.  But  the  entire  revenue  derived  from  the 
common  school  fund,  and  the  State  tax  for  common  schools,  shall  be  ex¬ 
clusively  applied  to  ttge  support  of  the  common  schools. 

Section  3.  The  principal  of  the  common  school  fund  shall  remain 
permanent  and  irreducible.  The  said  fund  shall  be  derived  from  the 
following-named  sources,  to  wit :  Appropriations  and  donations  by  the 
State  to  this  fund;  donations  and  bequests  by  individuals  to  the  State 
or  public  for  common  schools;  the  proceeds  of  lands  and  other  property 
which  revert  to  the  State  by  escheat  and  forfeiture ;  the  proceeds  of 
all  property  granted  to  the  State,  when  the  purpose  of  the  grant  is 
not  specified,  or  is  uncertain ;  funds  accumulated  in  the  treasury  of 
the  State  for  the  disbursement  of  which  provision  has  not  been  made 
by  law;  the  proceeds  of  the  sale  of  timber,  stone,  minerals  or  other 
property  from  school  and  State  lands,  other  than  those  granted  to  specific 
purposes;  all  moneys  received  from  persons  appropriating  timber,  stone, 
minerals  or  other  property  from  school  and  State  lands  other  than  those 
granted  for  specific  purposes,  and  all  moneys  other  than  rental  recovered 
from  persons  trespassing  on  said  lands;  five  per  centum  of  the  proceeds 
of  the  sale  of  public  lands  lying  within  the  State,  which  shall  be  sold 
by  the  United  States  subsequent  to  the  admission  of  the  State  into  the 
Union  as  approved  by  Section  13  of  the  Act  of  Congress  enabling  the 
admission  of  the  State  into  the  Union;  the  principal  of  all  funds  arising 
from  the  sale  of  lands  and  other  property  which  have  been  and  here¬ 
after  may  be  granted  to  the  State  for  the  support  of  common  schools. 
The  Legislature  may  make  further  provisions  for  enlarging  said  fund. 
The  interest  accruing  on  said  fund,  together  with  all  rentals  and  other 
revenues  derived  therefrom,  and  from  lands  and  other  property  devoted 
to  the  common  school  fund,  shall  be  exclusively  applied  to  the  current 
use  of  the  common  schools. 

Section  4.  All  schools  maintained  or  supported  wholly  or  in  part  by 
the  public  funds  shall  be  forever  free  from  sectarian  control  or  influence. 

Section  5.  All  losses  to  the  permanent  common  school  or  any  other 
State  educational  fund,  which  shall  be  occasioned  by  defalcation,  mis¬ 
management  or  fraud  of  the  agents  or  officers  controlling  or  managing 
the  same,  shall  be  audited  by  the  proper  authorities  of  the  State.  The 
amount  so  audited  shall  be  a  permanent  funded  debt  against  the  State 
in  favor  of  the  particular  fund  sustaining  such  loss,  upon  which  not 
less  than  6  per  cent,  annual  interest  shall  be  paid.  The  amount  of 
liability  so  created  shall  not  be  counted  as  a  part  of  the  indebtedness 
authorized  and  limited  elsewhere  in  this  constitution. 


WEST  VIRGINIA  CONSTITUTION— Amended  1902 
Article  XII 

1.  The  legislature  shall  provide,  by  general  law,  for  a  thorough  and 
efficient  system  of  free  schools. 

2.  The  State  Superintendent  of  Free  Schools  shall  have  a  general  super¬ 
vision  of  free  schools,  and  perform  such  other  duties  in  relation  thereto  as 
may  be  prescribed  by  law.  If  in  the  performance  of  any  such  duty  imposed 
upon  him  by  the  legislature  he  shall  incur  any  expenses,  he  shall  be  reim¬ 
bursed  therefor;  PROVIDED,  the  amount  does  not  exceed  five  hundred 
dollars  in  any  one  year. 


88 


3.  The  legislature  may  provide  for  county  superintendents  and  such 
other  officers  as  may  be  necessary  to  carry  out  the  objects  of  this  article 
and  define  their  duties,  powers  and  compensation. 

4.  (This  section  is  modified  by  the  Irreducible  School  Fund  Amend¬ 
ment.)  See  *  *  *  The  existing  permanent  and  invested  school  fund, 

and  all  money  accruing  to  this  State  from  forfeited,  delinquent,  waste  and 
unappropriated  lands;  and  from  lands  heretofore  sold  for  taxes  and  pur¬ 
chased  by  the  State  of  Virginia,  if  hereafter  redeemed  or  sold  to  others 
than  this  State;  all  grants,  devises  or  bequests  that  may  be  made  to  this 
State,  for  the  purposes  of  education  or  where  the  purposes  of  such  grants, 
devises  or  bequests  are  not  specified;  this  State’s  just  share  of  the  literary 
fund  of  Virginia,  whether  paid  over  or  otherwise  liquidated;  and  any 
sums  of  money,  stocks  or  property  which  this  State  shall  have  the  right  to 
claim  from  the  State  of  Virginia  for  educational  purposes;  the  proceeds  of 
the  estates  of  persons  who  may  die  without  leaving  a  will  or  heir,  and  of 
all  escheated  lands;  the  proceeds  of  any  taxes  that  may  be  levied  on  the 
revenues  of  any  corporations;  all  moneys  that  may  be  paid  as  an  equiv¬ 
alent  for  exemption  from  military  duty;  and  such  sums  as  may  from  time 
to  time  be  appropriated  by  the  legislature  for  the  purpose,  shall  be  set 
apart  as  a  separate  fund  to  be  called  the  ““School  Fund,”  and  invested 
under  such  regulations  as  may  be  prescribed  by  law,  in  the  interest  bearing 
securities  of  the  United  States,  or  of  this  State,  or  if  such  interest  bearing 
securities  cannot  be  obtained,  then  said  ‘“School  Fund”  shall  be  invested 
in  such  other  solvent,  interest  bearing  securities  as  shall  be  approved  by 
the  Governor,  Superintendent  of  Free  Schools,  Auditor  and  Treasurer,  who 
are  hereby  constituted  the  “Board  of  the  School  Fund,”  to  manage  the 
same  under  such  regulations  as  may  be  prescribed  by  law;  and  the  interest 
thereof  shall  be  annually  applied  to  the  support  of  free  schools  throughout 
the  State,  and  to  no  other  purpose  whatever.  But  any  portion  of  said 
interest  remaining  unexpended  at  the  close  of  a  fiscal  year  shall  be  added 
to  and  remain  a  part  of  the  capital  of  the  “School  Fund,”  PROVIDED,  That 
all  taxes  which  shall  be  received  by  the  State  upon  delinquent  lands,  except 
the  taxes  due  to  the  State  thereon,  shall  be  refunded  to  the  county  or  dis¬ 
trict  by  or  for  which  the  same  were  levied. 

*  *  *  Irreducible  School  Fund  Amendment. 

(Joint  Resolution  No.  11  (H.  J.  R.  No.  28),  Acts  1901,  p.  465.  Rati¬ 
fied  in  November,  1902.) 

That  the  following  be  proposed  as  an  amendment  to  the  Constitution  of 
the  State: 

The  accumulation  of  the  school  fund  provided  for  in  section  four  of 
article  twelve,  of  the  Constitution  of  this  State,  shall  cease  upon  the  adop¬ 
tion  of  this  amendment,  and  all  money  to  the  credit  of  said  fund  over  one 
million  dollars,  together  with  the  interest  on  said  fund,  shall  be  used  for 
the  support  of  the  free  schools  of  this  State.  All  money  and  taxes  hereto¬ 
fore  payable  into  the  treasury  under  the  provision  of  the  said  section  four, 
to  the  credit  of  the  school  fund,  shall  be  hereafter  paid  into  the  treasury  to 
the  credit  of  the  general  school  fund  for  the  support  of  the  free  schools  of 
the  State. 

5.  The  legislature  shall  provide  for  the  support  of  free  schools  by  ap¬ 
propriating  thereto  the  interest  of  the  invested  “School  Fund,”  the  net 
proceeds  of  all  forefeitures  and  fines  accruing  to  this  State  under  the  laws 
thereof;  the  State  capitation  tax,  and  by  general  taxation  of  persons  and 
property  or  otherwise.  It  shall  also  provide  for  raising  in  each  county  or 
district,  by  the  authority  of  the  people  thereof,  such  a  proportion  of  the 
amount  required  for  the  support  of  free  schools  therein  as  shall  be  pre¬ 
scribed  by  general  laws. 


89 


6.  The  school  districts  into  which  any  county  is  now  divided  shall  con¬ 
tinue  until  changed  in  pursuance  of- law. 

7.  All  levies  that  may  be  laid  by  any  county  or  district  for  the  purpose 
of  free  schools  shall  be  reported  to  the  clerk  of  the  county  court;  and  shall, 
under  such  regulations  as  may  be  prescribed  by  law,  be  collected  by  the 
sheriff  or  other  collector,  who  shall  make  annual  settlement  with  the  county 
court;  which  settlement  shall  be  made  a  matter  of  record  by  the  clerk 
thereof,  in  a  book  to  be  kept  for  that  purpose. 

8.  White  and  colored  persons  shall  not  be  taught  in  the  same  school. 

9.  No  person  connected  with  the  free  school  system  of  the  State,  or  with 
any  educational  institution  of  any  name  or  grade  under  State  control, 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book  or  other 
thing  used,  or  to  be  used  therein,  under  such  penalties  as  may  be  prescribed 
by  law;  PROVIDED,  That  nothing  herein  shall  be  construed  to  apply  to 
any  work  written,  or  thing  invented  by  such  person. 

10.  No  independent  free  school  district,  or  organization  shall  hereafter 
be  created,  except  with  the  consent  of  the  school  district  or  districts  out  of 
which  the  same  is  to  be  created,  expressed  by  a  majority  of  the  voters 
voting  on  the  question. 

11.  No  appropriation  shall  hereafter  be  made  to  any  State  normal 
school,  or  branch  thereof,  except  to  those  already  established  and  in  opera¬ 
tion,  or  now  chartered. 

12.  The  legislature  shall  foster  and  encourage  moral,  intellectual,  sci¬ 
entific  and  agricultural  improvement;  it  shall,  whenever  it  may  be  prac¬ 
ticable,  make  suitable  provision  for  the  blind,  mute  and  insane,  and  for  the 
organization  of  such  institutions  of  learning  as  the  best  interests  of  general 
education  in  the  State  may  demand. 


CONSTITUTION  OF  THE  STATE  OF  WISCONSIN— 1911 
Article  X 
Education 

Section  1  (as  amended  November  4,  1902).  The  supervision  of  public 
instruction  shall  be  vested  in  a  State  superintendent  and  such  other  officers 
as  the  legislature  shall  direct;  and  their  qualifications,  powers,  duties  and 
compensation  shall  be  prescribed  by  law.  The  State  superintendent  shall  be 
chosen  by  the  qualified  electors  of  the  State  at  the  same  time  and  in  the 
same  manner  as  members  of  the  supreme  court,  and  shall  hold  office  for 
four  years  from  the  succeeding  Monday  in  July.  The  State  superintendent 
chosen  at  the  general  election  in  November,  1902,  shall  hold  and-  continue 
in  his  office  until  the  first  Monday  in  July,  1905,  and  his  successor  shall  be 
chosen  at  the  time  of  the  judicial  election  in  April,  1905.  The  term  of 
office,  time  and  manner  of  electing  or  appointing  all  other  officers  of  super¬ 
vision  of  public  instruction  shall  be  fixed  by  law. 

Section  2.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may 
be  granted  by  the  United  States  to  this  State  for  educational  purposes, 
except  the  lands  heretofore  granted  for  the  purposes  of  a  University,  and 
all  moneys  and  the  clear  proceeds  of  all  property  that  may  accrue  to  the 
State  by  forfeiture  or  escheat,  and  all  moneys  which  may  be  paid  out  as 
an  equivalent  for  exemption  from  military  duty;  and  the  clear  proceeds  of 
all  fines  collected  in  the  several  counties  for  any  breach  of  the  penal  laws, 
and  all  moneys  arising  from  any  grant  to  the  State  whether  the  purposes 
of  such  grant  are  not  specified  and  the  five  hundred  thousand  acres  of  land 
to  which  the  State  is  entitled  by  the  provisions  of  an  act  of  Congress  en- 


90 


titled  “An  act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands 
and  to  grant  pre-emption  rights,”  approved  the  fourth  day  of  September, 
one  thousand  eight  hundred  and  forty-one;  and  also  the  five  per  centum  of 
the  net  proceeds  of  the  public  lands  to  which  the  State  shall  become  entitled 
on  her  admission  into  the  Union  (if  Congress  shall  consent  to  such  appro¬ 
priation  of  the  two  grants  last  mentioned)  shall  be  set  apart  as  a  separate 
fund,  to  be  called  “The  School  Fund,”  the  interest  of  which  and  all  other 
revenues  derived  from  school  lands  shall  be  exclusively  applied  to  the  fol¬ 
lowing  objects,  to  wit: 

First.  To  support  and  maintenance  of  common  schools  in  each  school 
district,  and  the  purchase  of  suitable  libraries  and  apparatus  thereof. 

Second.  The  residue  shall  be  appropriated  to  the  support  and  main¬ 
tenance  of  academies  and  normal  schools,  and  suitable  libraries  and  appa¬ 
ratus  therefor. 

Section  3.  The  legislature  shall  provide  by  law  for  the  establishment  of 
district  schools,  which  shall  be  as  nearly  uniform  as  practicable;  and  such 
schools  shall  be  free  and  without  charge  for  tuition  to  all  children  between 
the  ages  of  four  and  twenty  years;  and  no  sectarian  instruction  shall  be 
allowed  therein. 

Section  4.  Each  town  and  city  shall  be  required  to  raise  by  tax,  an¬ 
nually,  for  the  support  of  common  schools  therein,  a  sum  not  less  than  one- 
half  the  amount  received  by  such  town  or  city  respectively  for  school  pur¬ 
poses  from  the  income  of  the  school  fund. 

Section  5.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
income  of  the  school  fund  among  the  several  towns  and  cities  of  the  State 
for  the  support  of  common  schools  therein,  in  some  just  proportion  to  the 
number  of  children  and  youth  resident  therein  between  the  ages  of  four 
and  twenty  years,  and  no  appropriation  shall  be  made  from  the  school 
fund  to  any  city  or  town  for  the  year  in  which  said  city  or  town  shall  fail 
to  raise  such  tax;  nor  to  any  school  district  for  the  year  in  which  a  school 
shall  not  be  maintained  at  least  three  months. 

Section  6.  Provision  shall  be  made  by  law  for  the  establishment  of  a 
State  university,  at  or  near  the  seat  of  the  State  government  and  for  con¬ 
necting  with  the  same  from  time  to  time  such  colleges  in  different  parts 
of  the  State  as  the  interest  of  education  may  require.  The  proceeds  of  all 
lands  that  have  been  or  hereafter  may  be  granted  by  the  United  States  to 
the  State  for  the  support  of  a  university  shall  be  and  remain  a  perpetual 
fuhd,  to  be  called  “The  University  Fund,”  the  interest  of  which  shall  be 
appropriated  to  the  support  of  the  State  University,  and  no  sectarian  in¬ 
struction  shall  be  allowed  in  such  university. 

Section  7.  The  Secretary  of  State,  Treasurer  and  Attorney-General 
shall  constitute  a  board  of  commissioners  for  the  sale  of  the  School  and 
University  lands,  and  for  the  investment  of  the  funds  arising  therefrom. 
Any  two  of  said  commissioners  shall  be  a  quorum  for  the  transaction  of  all 
business  pertaining  to  the  duties  of  their  office. 

Section  8.  Provision  shall  be  made  by  law  for  the  sale  of  all  School  and 
University  lands,  after  they  shall  have  been  appraised;  and  when  any  por¬ 
tion  of  such  lands  shall  be  sold  and  the  purchase  money  shall  not  be  paid 
at  the  time  of  the  sale,  the  commissioners  shall  take  security  by  mortgage 
upon  the  land  sold  for  the  sum  remaining  unpaid,  with  seven  per  cent, 
interest  thereon,  payable  annually  at  the  office  of  the  Treasurer.  The  com¬ 
missioners  shall  be  authorized  to  execute  a  good  and  sufficient  conveyance 
to  all  purchasers  of  such  lands,  and  to  discharge  any  mortgages  taken  as 
security,  when  the  sum  due  thereon  shall  have  been  made.  The  commis¬ 
sioners  shall  have  power  to  withhold  from  sale  any  portion  of  such  lands 
when  they  shall  deem  it  expedient,  and  shall  invest  all  moneys  arising  from 


91 


the  sale  of  such  lands,  as  well  as  all  other  University  and  School  funds,  in 
such  manner  as  the  legislature  shall  provide,  and  shall  give  such  security 
for  the  faithful  performance  of  their  duties  as  may  be  required  by  law. 

WYOMING  CONSTITUTION— 1889 
Article  VII 
Education 

Section  1.  The.  Legislature  shall  provide  for  the  establishment  and 
maintenance  of  a  complete  and  uniform  system  of  public  instruction, 
embracing  free  elementary  schools  of  every  needed  kind  and  grade,  a 
university  with  such  technical  and  professional  departments  as  the  pub¬ 
lic  good  may  require  and  the  means  of  the  State  allow,  and  such  other 
institutions  as  may  be  necessary. 

Section  2.  The  following  are  declared  to  be  perpetual  funds  for  school 
purposes,  of  which  the  annual  income  only  can  be  appropriated,  to  wit: 
Such  per  centum  as  has  been  or  may  hereafter  be  granted  by  Congress 
on  the  sale  of  lands  in  this  State;  all  moneys  arising  from  the  sale  or 
lease  of  sections  number  16  and  36  in  each  township  in  the  State,  and 
the  land  selected  or  that  may  be  selected  in  lieu  thereof ;  the  proceeds 
of  all  lands, that  have  been  or  may  hereafter  be  granted  to  this  State, 
where  by  the  terms  and  conditions  of  the  grant,  the  same  are  not  to  be 
otherwise  appropriated;  the  net  proceeds  of  lands  and  other  property 
and  effects  that  may  come  to  the  State  by  escheat  or  forfeiture  or  from 
unclaimed  dividends  or  distributive  shares  of  the  estates  of  deceased 
persons,  all  moneys,  stocks,  bonds,  lands  and  other  property  now  belong¬ 
ing  to  the  common  school  fund. 

Section  3.  To  the  sources  of  revenue  above  mentioned  shall  be  added 
all  other  grants,  gifts  and  devises  that  have  been  or  may  hereafter  be 
made  to  this  State  and  not  otherwise  appropriated  by  the  terms  of  the 
grant,  gift  or  devise. 

Section  4.  All  moneys,  stocks,  bonds,  lands  and  other  property  be¬ 
longing  to  a  county  school  fund,  except  such  moneys  and  property  as 
may  be  provided  by  law  for  current  use  in  aid  of  public  schools,  shall 
belong  to  and  be  securely  invested  and  sacredly  preserved  in  the  several 
counties  as  a  county  public  school  fund,  the  income  of  which  shall  be 
appropriated  exclusively  to  the  use  and  support  of  free  public  schools 
in  the  several  counties  of  the  State. 

Section  5.  All  fines  and  penalties  under  general  laws  of  the  State 
shall  belong  to  the  public  school  fund  of  the  respective  counties  and  be 
paid  over  to  the  custodians  of  such  funds  for  the  current  support  of  the 
public  schools  therein. 

Section  6.  All  funds  belonging  to  the  State  for  public  school  purposes, 
the  interest  and  income  of  Avhich  only  are  to  be  used,  shall  be  deemed 
trust  funds  in  the  care  of  the  State,  which  shall  keep  them  for  the 
exclusive  benefit  of  the  public  schools,  and  shall  make  good  any  losses 
that  may  in  any  manner  occur,  so  that  the  same  shall  remain  forever 
inviolate  and  undiminished.  None  of  such  funds  shall  ever  be  invested 
or  loaned  except  on  the  bonds  issued  by  school  districts,  or  registered 
county  bonds  of  the  State,  or  State  securities  of  this  State,  or  of  the 
United  States. 

Section  7.  The  income  arising  from  the  funds  mentioned  in  the  pre¬ 
ceding  section,  together  with  all  the  rents  of  the  unsold  school  lands 
and  such  other  means  as  the  Legislature  may  provide,  shall  be  exclu¬ 
sively  applied  to  the  support  of  free  schools  in  every  county  in  the  State. 


92 


Section  8.  Provision  shall  be  made  by  general  law  for  the  equitable 
distribution  of  such  income  among  the  several  counties  according  to  the 
number  of  children  of  school  age  in  each;  which  several  counties  shall 
in  like  manner  distribute  the  proportion  of  said  fund  by  them  received 
respectively  to  the  several  school  districts  embraced  therein.  But  no 
appropriation  shall  be  made  from  said  fund  to  any  district  for  the  year 
in  which  a  school  has  not  been  maintained  for  at  least  three  months; 
nor  shall  any  portion  of  any  public  school  fund  ever  be  used  to  support 
or  assist  any  private  school,  or  any  school,  academy,  seminary,  college 
or  other  institution  of  learning  controlled  by  any  church  or  sectarian 
organization  or  religious  denomination  whatsoever. 

Section  9.  The  Legislature  shall  make  such  further  provision  by  taxa- 
ation  or  otherwise  as  with  the  income  arising  from  the  general  school 
fund  will  create  and  maintain  a  thorough  and  efficient  system  of  public 
schools,  adequate  to  the  proper  instruction  of  all  the  youth  of  the  State, 
between  the  ages  of  6  and  21  years,  free  of  charge;  and  in  view  of  such 
provision  so  made,  the  Legislature  shall  require  that  every  child  of 
sufficient  physical  and  mental  ability  shall  attend  a  public  school  during 
the  period  between  6  and  18  years  for  a  time  equivalent  to  three  years, 
unless  educated  by  other  means. 

Section  10.  In  none  of  the  public  schools  so  established  and  maintained 
shall  distinction  or  discrimination  be  made  on  account  of  sex,  race  or 
color. 

Section  11.  Neither  the  Legislature  nor  the  superintendent  of  public 
instruction  shall  have  power  to  prescribe  text  books  to  be  used  in  the 
public  schools. 

Section  12.  No  sectarian  instruction,  qualifications  or  tests  shall  be 
imparted,  exacted,  applied  or  in  any  manner  tolerated  in  the  schools  of 
any  grade  or  character  controlled  by  the  State,  nor  shall  attendance  be 
required  at  any  religious  service  therein,  nor  shall  any  sectarian  tenets 
or  doctrines  be  taught  or  favored  in  any  public  school  or  institution  that 
may  be  established  under  this  Constitution. 

Section  13.  The  Governor,  Secretary  of  State,  State  Treasurer  and 

Superintendent  of  Public  Instruction  shall  constitute  the  board  of  land 
commissioners,  which,  under  the  direction  of  the  Legislature,  as  limited 
by  this  constitution,  shall  have  the  direction,  control,  leasing  and  dis¬ 
posal  of  the  lands  of  the  State,  granted,  or  which  may  be  hereafter 

granted  for  the  support  and  benefit  of  public  schools,  subject  to  the 
further  limitations  that  the  sale  of  all  lands  shall  be  at  public  auction, 
after  such  delay  (not  less  than  the  time  fixed  by  Congress),  in  portions 
at  proper  intervals  of  time,  and  at  such  minimum  prices  (not  less  than 
the  minimum  fixed  by  Congress),  as  to  realize  the  largest  possible 

proceeds. 

Section  14.  The  general  supervision  of  the  public  schools  shall  be 

entrusted  to  the  State  Superintendent  of  Public  Instruction,  whose  powers 
and  duties  shall  be  prescribed  by  law. 

The  University 

Section  15.  The  establishment  of  the  University  of  Wyoming  is  hereby 
confirmed,  and  said  institution,  with  its  several  departments,  is  hereby 
declared  to  be  the  University  of  the  State  of  Wyoming.  All  lands  which 
have  been  heretofore  granted  or  which  may  hereafter  be  granted  by  Con¬ 
gress  unto  the  University  as  such,  or  in  aid  of  the  instruction  to  be 
given  in  any  of  its  departments,  with  all  other  grants,  donations,  or 
devises  for  said  university,  or  for  any  of  its  departments,  shall  vest  in 
said  university,  and  be  exclusively  used  for  the  purposes  for  which  they 
were  granted,  donated  or  devised.  The  said  lands  may  be  leased  on  terms 


93 


approved  by  the  land  commissioners,  but  may  not  be  sold  on  terms  not 
approved  by  Congress. 

Section  16.  The  university  shall  be  equally  open  to  students  of  both 
sexes,,  irrespective  of  race  or  color,  and,  in  order  that  the  instruction  fur¬ 
nished  may  be  as  nearly  free  as  possible,  any  amount  in  addition  to  the 
income  from  its  grants  of  lands  and  other  sources  above  mentioned,  neces¬ 
sary  to  its  support  and  maintenance  in  a  condition  of  full  efficiency  shall 
be  raised  by  taxation  or  otherwise,  under  provisions  of  the  Legislature. 

Section  17.  The  Legislature  shall  provide  by  law  for  the  management 
of  the  university,  its  lands  and  other  property  by  a  board  of .  trustees, 
consisting  of  not  less  than  seven  members,  to  be  appointed  by  the  Governor 
by  and  with  the  advice  and  consent  of  the  Senate,  and  the  president  of 
the  university,  and  superintendent  of  public  instruction,  as  members  ex- 
officio,  as  such  having  the  right  to  speak  but  not  to  vote.  The  duties  and 
powers  of  the  trustees  shall  be  prescribed  by  law. 


94 


Appendix  2 


GENERAL  LAWS,  REVISED  STATUTES,  ETC. 


General  Statutes  of  Connecticut . 1909 

Revised  Statutes  of  Delaware . 1893 

Annotated  Statutes  of  Illinois . 1913 

Indiana  Statutes — Revision  of . 1908 

McClain’s  Iowa  Digest . 1908 

Kansas  General  Laws . 1909 

Revised  Laws  of  Louisiana . 1908 

Revised  Statutes  of  Maine . 1903 

Revised  Statutes  of  Maryland . 

Revised  Laws  of  Massachusetts . 1902 

General  Statutes  Minnesota . 1913 

Revised  Statutes  Nebraska . 1913 

New  Hampshire  Public  Statutes . 1901 

New  Jersey  Statutes . 1910 

Lord’s  Oregon  Laws,  Vol.  II . 

Pennsylvania  Code . 1913 

Philadelphia  Charter . 1905 

General  Laws  of  Rhode  Island . 1909 

•Texas  Civil  Statutes . 1913 

Washington  Code . 1912 

Wisconsin’s  Statutes . 1913 

Public  Statutes  of  Vermont . 1906 


GENERAL  STATUTES  OF  CONNECTICUT— 1909 
Title  Twelve 
Chapter  129 

Section  2111.  (Provision  for  creation  of) . 

Section  2112.  Duties  of  State  Board.  The  board  shall  have  general  super¬ 
vision  and  control  of  the  educational  interests  of  the  State;  may  direct 
what  books  shall  be  used  in  all  its  schools,  but  shall  not  direct  any  book  to 
be  changed  oftener  than  once  in  five  years;  shall  prescribe  the  form  of 
registers  to  be  kept  in  said  schools  and  the  forms  of  blanks  and  inquiries 
for  the  returns  to  be  made  by  the  various  school  boards  and  committees; 
shall  keep  informed  as  to  the  condition  and  progress  of  the  public  schools 
in  the  State;  and  shall  seek  to  improve  the  methods  and  promote  the  ef¬ 
ficiency  of  teaching  therein,  by  holding,  at  convenient  places  in  the  State, 
meetings  of  teachers  and  school  officers,  for  the  purpose  of  instructing  in 
the  best  modes  of  administering,  governing  and  teaching  public  schools, 
and  by  such  other  means  as  they  shall  deem  appropriate;  but  the  ex¬ 
penses  incurred  in  such  meetings  shall  not  exceed  the  sum  of  three 
thousand  dollars  in  any  year.  Said  board  shall,  on  or  before  the  Monday 
after  the  first  Wednesday  in  January  in  each  year,  submit  to  the  Governor 
a  report  containing  a  printed  abstract  of  said  returns,  a  detailed  statement 
of  the  doings  of  the  board,  and  an  account  of  the  condition  of  the  public 
schools,  of  the  amount  and  quality  of  instruction  therein,  and  such  other 


95 


information  as  will  apprise  the  General  Assembly  of  the  true  condition, 
progress  and  needs  of  public  education. 

Section  2257.  Payments  by  the  State.  The  comptroller  shall  annually, 
as  soon  after  the  28th  of  February  as  may  be,  draw  orders  for  the  support 
of  the  common  schools  at  the  rate  of  $2.25  for  each  child  between  the  ages 
of  four  and  sixteen  years  on  the  enumeration  last  made  and  perfected, 
which  orders  shall  be  payable  from  the  civil  list  funds  of  the  State,  and  be 
divided  and  distributed  among  the  several  towns  in  proportion  to  the  num¬ 
ber  of  persons  in  each  between  said  ages,  as  ascertained  from  said  returns; 
and  he  shall  transmit  the  amount  distributed  to  each  town  to  its  treasurer, 
etc.,  etc. 

REVISED  STATUTES  OF  DELAWARE,  REVISED  TO  1893 

An  act  providing  for  the  appointment  of  a  superintendent  of  free  schools 
for  each  of  the  counties  of  this  State 

Section  1.  That  the  offices  of  State  Superintendent  of  free  schools  for 
this  State  shall  be  abolished  from  and  after  the  expiration  of  the  present 
incumbents,  and  in  lieu  thereof  there  shall  be  appointed  a  superintendent 
of  free  schools  for  each  of  the  counties  of  this  State. 

Section  9.  The  Secretary  of  State  *  *  *  and  the  three  superintend¬ 

ents  provided  for  in  this  act  shall  constitute  a  State  Board  of  Education 
for  this  State,  who  shall  meet  on  the  first  Tuesday  of  January  in  each  and 
every  year  in  the  capitol  at  Dover,  at  two  o’clock  in  the  afternoon. 

The  State  Board  of  Education  shall  determine  what  text  books  are  to  be 
used  in  the  free  schools  of  this  State. 

School  Fund 
Chapter  XLII 

Section  2.  The  clear  income  of  the  school  fund  of  this  State  is  hereby 
appropriated  and  apportioned  among  the  school  districts  as  follows:  Of 
the  investments  made  of  the  surplus  revenues  fund,  the  dividends  on  the 
investment  in  five  thousand  shares  of  Farmers’  Bank  stock,  made  under  act 
of  February  21,  1837;  and  the  interest  on  the  loan  of  $87,793.83  authorized 
by  said  act  to  be  made  to  the  “Wilmington  and  Susquehanna  Railroad 
Company,”  now  the  “Philadelphia,  Wilmington  and  Baltimore  Railroad 
Company;”  and  the  interest  on  the  sum  of  five  thousand  dollars  advanced 
to  the  county  of  Sussex  under  the  act  of  February  17,  1837,  shall  be  divided 
as  they  fall  due  among  the  counties  equally;  and  all  the  clear  dividends  or 
profits  to  be  declared  or  accrue  upon  any  other  bank  stock,  or  other  securi¬ 
ties  or  property  belonging  to  said  fund,  together  with  the  clear  sum  arising 
from  fees  for  marriage  and  tavern  licenses,  and  any  other  income  of  said 
fund,  or  money  directed  by  law  to  be  paid  to  the  trustee  of  said  fund  for 
distribution,  shall  be  apportioned  among  the  several  counties  according  to 
their  white  population,  as  ascertained  by  the  census  of  1830. 

Chap.  91,  Vol.  18,  Laws  of  Delaware:  An  Act  to  Encourage  the  Education 
of  the  Colored  People,  provides  that : 

“The  levy  courts  in  the  several  counties  of  this  State  be  and  they  are 
hereby  authorized  and  required  annually,  in  the  month  of  April,  to  lay 
and  apportion  a  tax  of  thirty  cents  on  the  hundred  dollars,  and  so  pro  rata 
upon  the  assessments  of  the  real  and  personal  property  and  poll  of  colored 
persons  as  they  shall  stand  upon  the  assessment  lists  of  the  several  hun¬ 
dreds,  which  shall  be  set  apart  as  a  separate  and  distinct  fund  for  the 
support  and  maintenance  of  colored  schools  in  this  State.” 

“Section  4.  The  superintendents  of  Free  Schools  in  each  county  shall 
have  general  control  and  supervision  of  the  colored  schools  in  their  re¬ 
spective  counties.” 


96 


ILLINOIS— Annotated  Statutes — 1913 

Par.  10022.  State  Superintendent — Term  of  Office — Election. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly;  That  on  Tuesday  next  after  the  first  Monday  in 
November,  1910,  and  quadrennially  thereafter,  there  shall  be  elected  by 
the  qualified  voters  in  this  State  a  Superintendent  of  Public  Instruction, 
who  shall  hold  his  office  for  four  years  from  the  second  Monday  in  January 
next  after  his  election. 

Par.  10024.  Duties  of  Superintendent — To  supervise  all  the  common  and 
public  schools  in  the  State.  To  counsel  and  confer,  in  such  manner  as  he 
may  deem  best,  with  experienced  and  practical  teachers  as  to  the  best  man¬ 
ner  of  conducting  common  schools. 

Par.  10227.  Annual  Tax  Levy — Limitation — Education — Building  Pur¬ 
poses — Incidental  Expenses — Election — 189.  For  the  purpose  of  estab¬ 
lishing  and  supporting  free  schools  for  not  less  than  six  nor  more  than 
nine  months  in  each  year,  and  defraying  all  the  expenses  of  the  same  of 
every  description;  for  the  purpose  of  repairing  and  improving  school 
houses*  of  procuring  furniture,  fuel,  libraries  and  apparatus,  and  for  all 
other  necessary  incidental  expenses  in  each  district,  village  or  city,  the 
directors  of  such  district  and  the  authorities  of  such  village  or  city  shall 
be  authorized  to  levy  a  tax  annually  upon  all  the  taxable  property  of  the 
district,  village  or  city  not  to  exceed  one  and  one-half  per  cent,  for  educa¬ 
tional  and  one  and  one-half  per  cent,  for  building  purposes,  the  valuation 
to  be  ascertained  by  the  last  assessment  for  State  and  county  taxes;  Pro¬ 
vided,  that  the  term  incidental  expenses  herein  used  shall  not  include  any 
sum  expended  or  obligation  incurred  for  the  improvement,  repair  or  benefit 
of  the  school  buildings  and  property,  but  all  such  sums  and  obligations  shall 
be  paid  from  that  portion  of  the  tax  levied  for  building  purposes.  No 
election  or  petition  shall  be  necessary  to  authorize  the  levy  of  a  tax  for 
the  ordipary  repair  and  improvement  of  school  buildings  or  grounds  or  for 
the  payment  of  any  special  tax  or  special  assessment  levied  upon  such 
property. 

Constitution  of  1870,  Art.  IV.,  Sec.  22,  ante,  which  prohibits  the  legis¬ 
lature  from  passing  any  local  or  special  law  providing  for  the  manage¬ 
ment  of  common  schools,  is  directed  against  special  legislation  on- 
management  of  schools  merely.  Providing  funds  to  carry  on  schools  held 
not  part  of  management  of  schools.  Speight  v.  People,  87-595;  Fuller  v. 
Heath,  89-296,  afFg  IA.  118. 

INDIANA  STATUTES  (BURNS’)  Revision  of  1908 

6309.  Indiana  State  Board  of  Education  (Act  1875).  The  Governor  of 
the  State,  the  State  Superintendent  of  Public  Instruction,  the  President  of 
the  State  University,  the  President  of  Purdue  University,  the  President 
of  the  State  Normal  School,  the  Superintendent  of  common  schools  of  the 
three  largest  cities  in  the  State,  and  three  citizens  of  prominence  actively 
engaged  in  educational  work  in  the  State,  appointed  by  the  Governor,  etc., 
etc.,  shall  constitute  a  board  to  be  denominated  the  Indiana  State  Board 
of  Education, 

6310.  The  State  Board  shall  perform  such  duties  as  arb  prescribed  by 

law  and  make  and  adopt  such  rules  and  regulations  as  may  be  necessary 

for  its  own  government  *  *  *  and  shall  take  cognizance  of  such  ques¬ 

tions  as  may  arise  in  the  practical  administration  of  the  school  system 
hot  otherwise1  provided  for  and  duly  consider,  discuss  hnd  determine  same. 

6320.  That  the  State  board  of  education  shall  constitute  a  board  of 

commissioners  for  the  purpose  of  making  a  selection  or  procuring  the 


97 


compilation  for  use  in  the  common  schools  of  the  State  of  Indiana  of  a 
series  of  text  books.  (Description  follows) 

Acts  1905 

6432.  Common  Schools  Tuition  Fund.  There  shall  be  in  the  year  1907 
and  annually  thereafter  assessed  and  collected,  as  State  and  county  revenues 
are  collected,  thirteen  cents  and  six  mills  on  each  $100  worth  of  all  taxable 
property,  real  and  personal,  in  this  State,  and  in  addition  thereto  a  poll 
tax  of  fifty  cents  upon  each  legal  voter  in  the  State,  which  money  when 
collected  shall  be  paid  into  the  State  treasury  for  a  common  school  tuition 
fund,  and  shall  be  apportioned  to  the  several  counties  in  the  manner  pro-  v 
vided  in  said  act,  section  one  of  which  is  hereby  amended.  (As  amended, 
acts  of  1907)  (This  section  supersedes  prior  laws  fixing  the  general  levy 
of  taxes  for  common  schools) 

6433.  Apportionment  of  Fund.  The  State  Superintendent  of  Public  In¬ 
struction  shall  *  *  *  add  to  the  sum  total  of  said  revenue  any  amount 

in  the  State  treasury  ready  for  apportionment,  together  with  94.8  of  the 
sum  collected  by  virtue  of  the  levy  provided  for  in  Section  1  of  this  act, 
and  after  said  addition  the  superintendent  sfyall  apportion  the  whole  of 
said  sum  to  the  several  counties  of  the  State  according  to  the  latest 
enumeration  of  the  children  therein,  etc. 

6441.  Special  Taxes.  The  trustees  of  the  several  townships  shall  have 
power  to  levy  special  taxes  *  *  *  for  the  construction,  renting  or  re¬ 

pairing  of  school  houses,  providing  furniture,  school  apparatus  and  fuel 
therefor,  etc.,  etc.,  including  teachers’  salaries,  whenever  in  any  current 
year  the  tuition  funds  shall  have  been  exhausted;  but  no  tax  shall  exceed 
the  sum  of  fifty  cents  on  each  $100  worth  of  taxable  property,  and  one 
dollar  on  each  poll  in  any  one  year,  and  the  income  from  said  tax  shall  be 
denominated  the  special  school  revenue. 

6443.  Local  Tuition  Taxes.  That  the  school  trustees  of  the  several 
townships,  towns  and  cities  shall  have  power  to  levy  annually  a  tax  not 
exceeding  fifty  cents  on  each  $100  of  taxable  property  and  twenty-five 
cents  on  each  taxable  poll  *  *  *  and  the  revenues  arising  from  such 

levy  shall  constitute  a  supplementary  tuition  fund  to  extend  the  terms 
of  school  in  said  townships,  towns  and  cities  after  the  tuition  fund  appor¬ 
tioned  to  said  townships,  towns  and  cities  from  said  tuition  revenues  shall 
have  been  exhausted. 

6539.  Taxation  Levy  Limit.  The  board  of  school  commissioners  in  any 
such  city  (100,000)  is  hereby  authorized  and  empowered  to  levy  annually, 
in  addition  to  other  taxes  authorized  by  law,  a  special  tax  not  exceeding 
five  cents  on  each  $100  of  taxable  property  in  the  State  for  the  purchase 
of  real  estate  and  the  erection  and  improvement  of  school  buildings,  etc. 

IOWA  DIGEST— McClain’s  Volume  IV— down  to  1908) 

1.  General  Provisions 

1.  Constitutional  Provisions. 

The  Legislature  is  given  full  power  to  make  the  needful  regulations 
for  the  government  of  schools,  and  this  power  has  been  by  the  Legislature 
given  to  school  boards. 

4.  High  schools  are  deemed  a  part  of  the  common  school  system  pf 
the  State. 

VII.  Limitation  of  taxation 

Section  344.  The  limit  of  taxation  for  school  house  fund  as  provided 
under  code  of  1873,  section  1780  (see  new  code,  Supp.  Sec.  2806)  of  ten 
mills  on  the  dollar  includes  the  tax  to  pay  judgments,  etc. 


98 


Section  345.  The  limitation  of  taxation  to  ten  mills  does  not  limit  the 
amount  which  may  be  voted  to  pay  interest  upon  a  bonded  debt  con¬ 
tracted  for  school  house  purposes,  etc. 

Section  346.  There  is  no  fixed  limit  to  the  rate  of  taxation  when  it  is 
necessary  to  raise  funds  to  meet  the  interest  and  principal  on  bonds  law¬ 
fully  issued  under  authority  of  a  vote  of  the  electors  of  the  school  district. 
The  supervisor  may  be  compelled  to  levy  any  tax  for  that  purpose  certi¬ 
fied  to  by  the  directors. 

Section  347.  Under  code  of  1873,  section  1807  (now  code  2749)  au¬ 
thorizing  levy  of  a  tax  of  ten  mills  by  the  electors  of  an  independent 
school  district  for  the  purchase  of  grounds  and  the  erection  of  school 
houses  and  payment  of  debts  contracted  therefor — Held  that  where  a 
levying  of  three  per  cent,  tax  was  made,  it  was  valid  to  the  extent  of  one 
per  cent,  and  void  as  to  the  excess. 

IX — School  funds,  School  lands 

Section  395.  The  school  fund  belongs  to  the  State,  it  has  solemnly 
pledged  itself  to  maintain  the  same  inviolate. 

THE  GENERAL  LAWS  OF  KANSAS,  with  amendments  and  new  laws 

passed  at  the  subsequent  Legislative  sessions,  including  the  sessions 

of  1909. 

7496.  State  board  of  education.  120.  Provides  for  a  State  board  of 
education  consisting  of  the  State  superintendent  of  public  instruction,  the 
chancellor  of  the  State  University,  the  president  of  the  State  Agricultural 
College,  the  president  of  the  State  Normal  School,  and  three  others  to  be 
appointed  by  the  governor  by  and  with  the  advice  and  consent  of  the 
senate. 

7497.  State  certificates.  121.  Authorizes  and  empowers  the  State 
board  of  education  to  issue  State  certificates,  “and  such  State  certificates 
shall  supersede  the  necessity  of  all  other  examinations  of  the  persons 
holding  them  by  county  or  local  boards  of  examiners.” 

7498 — 122.  Provides  for  meetings  of  the  State  board;  certificates; 
course  of  study;  expenses. 

Cities  of  First  Class. 

7556.  Tax  levy.  180.  That  the  board  of  education  in  cities  of  the 
first  class  shall,  in  the  month  of  August  of  each  year,  levy  a  tax  for  the 
support  of  the  schools  of  the  city,  including  building  and  repairs  of  school 
buildings,  for  the  fiscal  year  commencing  on  the  1st  day  of  July  last  pre¬ 
ceding  the  month  of  August  in  which  such  levy  shall  be  made,  not  exceed¬ 
ing  in  any  one  year  twenty  mills  on  the  dollar  on  all  personal,  mixed  and 
real  property  within  said  city  which  is  taxable  according  to  the  laws  of 
the  State  of  Kansas,  which  levy  the  president  and  clerk  of  the  Boaxd 
shall,  on  or  before  August  25th,  certify  to  the  county  clerk,  who  is  hereby 
authorized  and  required  to  place  the  same  on  the  tax-roll  of  said  county, 
to  be  collected  by  the  treasurer  of  the  county  as  are  other  taxes  and  paid 
over  by  him  to  the  treasurer  of  the  board  of  education,  subject  to  the 
order  of  said  board  of  education:  Provided,  that  in  all  cities  of  the  first 
class  having  a  population  of  exceeding  thirty-eight  thousand  inhabitants, 
the  board  of  education  of  such  city  shall  have  power  and  is  hereby  author¬ 
ized  to  levy  a  tax  for  the  support  of  the  schools  of  such  city  for  such 
fiscal  year  of  not  to  exceed  seventeen  mills  on  the  dollar  of  all  taxable 
property  in  such  city,  and  shall  have  power,  in  addition  thereto,  to  levy  a 
tax  upon  all  the  taxable  property  in  such  city  of  not  exceeding  three  mills 
on  the  dollar  of  the  assessed  valuation  for  building  purposes  and  repairs 
of  school  buildings  in  such  city;  And  provided  further:  That  each  and 
all  of  the  foregoing  levies  hereby  authorized  shall  be  exclusive  of  and  in 


99 


addition  to  the  amount  necessary  to  be  levied  under  existing  laws  for  the 
payment  of  interest  upon  bonds  heretofore  issued  or  which  may  be  here¬ 
after  issued  by  boards  of  education  of  cities  of  the  first  class  and  for  a 
sinking  fund  for  the  redemption  of  such  bonds,  as  provided  by  the  laws 
under  which  such  bonds  have  been  or  may  be  issued. 

7560.  Tax  levy  for  bonds.  184.  The  board  of  education  in  its  annual 
estimate,  as  provided  for  in  section  two  of  this  act,  shall  include  an 
amount  sufficient  to  pay  the  interest  as  it  accrues  on  all  outstanding  bonds 
issued  by  the  board,  and  also  to  create  a  sinking  fund  for  the  redemption 
of  said  bonds,  and  shall  levy,  and  cause  the  same  to  be  collected  as  pro¬ 
vided  for  in  said  section  in  addition  to  the  levy  authorized  by  said  section 
for  school  purposes;  and  such  money  shall  remain  a  specific  fund  for  said 
purposes  only,  and  shall  not  be  appropriated  to  any  other  purpose. 

7573.  Property.  197.  The  title  of  all  property  held  for  the  use  or 
benefit  of  the  public  schools  shall  be  vested  in  the  board  of  education, 
and  held  by  them  in  trust  for  the  city;  and  the  board  of  education  may 
sue  in  its  own  name  for  all  money  due  or  to  become  due  to  the  board  or 
the  school  fund,  and  for  any  trespass  upon,  injury  to  or  concession  of  any 
of  the  school  property  of  said  city  for  the  benefit  of  the  school  fund  of 
such  city. 

7580.  Sinking  fund,  how  used.  204.  Provides  for  the  use  of  the 
moneys  levied  and  collected  for  creating  a  sinking  fund. 

Cities  of  Second  Class. 

7608.  Tax  Levy.  232.  That  the  board  of  education  in  cities  of  the 
second  class,  shall,  on  or  before  the  15th  day  of  July  of  each  year,  levy 
a  tax  for  the  support  of  the  schools  of  the  city  for  the  fiscal  year  next 
ensuing,  not  exceeding  in  any  one  year  twenty  mills  on  the  dollar  on  all 
personal,  mixed  and  real  property  within  the  district  which  is  taxable 
according  to  the  laws  of  the  State  of  Kansas,  which  levy  the  clerk  of  the 
Board  shall  on  or  before  August  1st  certify  to  the  county  clerk,  who  is 
hereby  authorized  and  required  to  place  the  same  on  the  tax-roll  of  said 
county,  to  be  collected  by  the  treasurer  of  the  board  of  education,  of  whom 
he  shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in  his  office 
and  the  other  he  shall  forthwith  transmit  to  the  clerk  of  the  board  of 
education. 

State  Annual  School  Fund. 

7722.  Fund.  346.  Provides  that  it  shall  consist  of  the  annual  income 
derived  from  the  interest  and  rents  of  the  perpetual  school  fund  as  pro¬ 
vided  in  the  constitution  of  the  State. 

7725.  349.  Provides  that  the  State  treasurer  shall  pay  over  to  the 

treasurer  of  each  county,  on  application,  the  amount  of  school  money  due 
to  said  county,  on  order  of  the  State  superintendent  of  public  instruction. 

7770.  Tax  levy.  394.  That  the  board  of  trustees  of  any  county  high 
school  in  the  State  of  Kansas  shall  at  its  first  meeting,  and  annually 
thereafter  before  the  first  day  of  August  of  each  succeeding  year,  make 
an  estimate  of  the  amount  of  funds  needed  for  building  purposes,  for  the 
payment  of  teachers’  wages,  for  contingent  purposes,  and  all  other  educa¬ 
tional  purposes  connected  with  said  high  school,  and  having  made  such 
estimate  shall  make  an  annual  levy  sufficient  to  raise  the  amount  desired 
for  such  purposes.  But  in  no  case  shall  the  tax  for  such  purposes  exceed 
in  one  year  the  amount  of  the  levy  allowed  by  law  on  the  taxable  property 
of  the  county. 

7839.  Tax  levy  for.  463.  The  board  of  education  in  each  city  of  the 
first  class  and  the  second  class,  and  the  annual  school  meeting  of  any 
school  district,  may,  in  addition  to  the  other  levies,  levy  a  tax  not  to 
exceed  one-half  mill  upon  the  dollar  of  assessed  valuation  in  cities  of  the 


100 


first  and  second  class,  and  not  to  exceed  one  mill  on  the  dollar  of  the 
assessed  valuation  in  all  other  cities  and  school  districts,  for  the  equip¬ 
ment  and  maintenance  of  industrial-training  schools  or  industrial-training 
departments  of  the  public  schools.  The  sum  raised  by  such  levies  shall 
be  expended  for  the  purposes  named  in  this  act  and  no  other. 


REVISED  LAWS— LOUISIANA— 1908 
Free  Public  Schools 
Act  1902 

An  act  in  relation  to  free  public  schools,  and  to  regulate  public  education 
in  the  State  of  Louisiana;  to  provide  a  revenue  for  same  and  impose 
certain  penalties;  and  to  apply  fines  imposed  by  District  Courts,  and 
amounts  collected  on  bonds,  to  the  purpose  of  public  education. 

Section  1.  (Provides  for  creation  of  State  Board,  which  includes 
Superintendent  of  Public  Education.) 

Section  3.  The  State  board  of  education  shall  prepare  rules,  by-laws, 
and  regulations  for  the  government  of  the  public  schools  of  the  State  *  *  * 
and  shall  give  such  directions  as  it  may  see  proper  as  to  the  branches  of 
study  which  shall  be  taught.  The  State  board  shall  strictly  enforce  a 
uniformity  of  text  books,  which  shall  remain  unchanged  for  four  years 
after  such  adoption,  etc. 

State  Superintendent  of  Public  Education 

Section  28.  The  State  superintendent  of  public  education  shall  have 
general  supervision  of  all  parish  school  boards  in  the  parishes,  and  of  all 
common,  high  and  normal  schools  of  the  State,  and  shall  see  that  the 
school  system  of  the  State  is  carried  properly  into  effect,  etc. 

Revenues 

Section  62.  The  State  superintendent  of  public  education  shall,  in  the 
months  of  February,  June  and  November  in  each  year,  apportion  the  funds 
appropriated  by  the  General  Assembly  for  the  support  of  the  public  schools 
of  the  State  among  all  the  parishes  of  the  State  according  to  the  number 
of  children  between  the  ages  of  six  and  eighteen  years  in  each  parish,  etc. 

Section  63.  The  police  jurors  of  the  several  parishes,  and  the  boards 
of  trustees,  councilmen  and  legal  representatives  of  cities,  towns  and 
villages  (except  the  parish  of  Orleans)  may  levy  for  the  support  of  the 
public  schools  of  their  respective  parishes  a  tax,  six  mills,  for  the  public 
schools  which  shall  not  exceed  the  entire  State  tax;  provided  that  with 
this  tax  the  whole  amount  of  parish  taxes  shall  not  exceed  the  limit  of 
ten  mills  parish  taxation  fixed  by  the  constitution;  and  provided  also  that 
no  police  jury  of  any  parish  shall  levy  for  the  support  of  its  schools  less 
than  one  and  a  quarter  mills  on  the  dollar  of  the  assessed  valuation  of 
the  property  thereof.  Such  taxes  shall  be  paid  to  the  school  treasury  of 
the  parish  or  town  where  collected,  monthly  by  the  tax  collector;  provided 
towns  not  exempted  under  their  charters  from  the  payment  of  parish 
taxes,  and  subjected  to  the  same  burden  of  taxation  as  the  parishes  are, 
shall  not  pay  this  tax,  for  the  same  is  included  in  the  taxes  imposed  by 
the  parish  in  which  the  town  is  situated. 

Section  71.  (Provides  that  two  members  of  the  school  board  shall  be 
appointed  by  the  Governor  with  the  approval  and  consent  of  the  State 
board  of  education.) 

Section  80.  It  shall  be  the  duty  of  the  Common  Council  of  the  City  of 
New  Orleans,  in  making  up  their  budget  of  annual  expenses,  to  include 
therein  the  amount  necessary  to  meet  the  expenses  of  the  schools,  as 


101 


shown  by  the  statement  of  the  actual  attendance,  and  the  cost  of  instruc¬ 
tion  required  by  the  previous  section  (Sec.  79)  with  such  additional 
allowance  for  probable  increased  attendance  and  contingent  expenses  as 
may  seem  just  and  reasonable  to  the  City  Council,  and  to  keep  in  good 
repair  all  school  houses  and  school  grounds  belonging  to  the  city. 

REVISED  STATUTES  OF  MAINE— 1903 
State  Superintendent  of  Public  Schools 

Section  98.  The  Governor,  with  the  advice  and  consent  of  the  Council, 
shall  appoint  a  State  superintendent  of  public  schools,  who  shall  continue 
in  office  three  years,  or  during  the  pleasure  of  the  executive;  vacancies 
shall  be  filled  by  a  new  appointment  for  a  like  term. 

Section  100.  In  addition  to  the  duties  elsewhere  specifically  imposed 
on  him  his  duties  are  as  follows: 

I.  To  exercise  a  general  supervision  of  all  the  public  schools  and  to 
advise  and  direct  the  town  committees  and  superintendents  in  the  dis¬ 
charge  of  their  duties,  by  circular  letters  and  personal  conference,  devoting 
all  his  time  to  the  duties  of  his  office. 

VII.  To  prescribe  the  studies  to  be  taught  in  the  common  schools, 
reserving  to  town  committees  the  right  to  prescribe  additional  studies. 

State  School  Funds 

Section  122.  The  treasurer  of  the  State  shall  keep  a  separate  account 
of  all  moneys  received  from  sales  of  lands  appropriated  for  the  support  of 
schools  or  from  notes  taken  therefor,  and  of  any  other  moneys  appropriated 
for  the  same  purpose;  and  such  sum  shall  constitute  a  permanent  school 
fund,  which  may  be  put  at  interest  as  the  legislature  directs.  A  sum  equal 
to  six  per  cent,  of  the  amount  of  such  fund,  and  one-half  the  sum  received 
by  the  State  from  a  tax  on  the  franchises  of  savings  banks,  and  one-half 
the  sum  assessed  upon  the  deposits  of  trusts  and  banking  companies,  shall 
be  annually  appropriated  to  the  support  of  common  schools,  and  distributed 
among  the  several  towns  according  to  the  number  of  children  therein 
between  five  and  twenty-one  years  of  age. 

Section  123.  The  treasurer  shall,  immediately  after  the  first  day  of 
July,  apportion  to  the  towns  all  the  State  school  funds  for  the  year,  accord¬ 
ing  to  the  list  of  children  furnished  by  the  State  superintendent  of  public 
schools,  etc.,  etc.  - 

Section  124.  A  tax  of  one  mill  on  a  dollar  shall  annually  be  assessed 
upon  all  the  property  in  the  State  according  to  the  valuation  thereof,  and 
shall  be  known  as  the  mill  tax  for  the  support  of  common  schools. 

Section  125.  This  tax  shall  be  assessed  and  collected  in  the  same  man¬ 
ner  as  other  State  taxes,  and  be  paid  into  the  State  treasury  and  desig¬ 
nated  as  the  school  mill  fund. 

Section  126.  This  fund  shall  be  distributed  by  the  treasurer  of  the 
State  on  the  first  day  of  January  annually,  to  the  several  cities,  towns  and 
plantations  according  to  the  number  of  scholars  therein,  as  the  same  shall 
appear  from  the  official  return  made  to  the  State  superintendent  of  public 
schools  for  the  preceding  year. 

Section  127.  All  of;  the  school  mill  fund  not  distributed  or  expended 
during  the  financial  year  shall  at  its  close  be  added  to  the  permanent 
school  fund. 


REVISED  STATUTES  OF  MARYLAND 

The  revised  statutes  affecting  the  schools  in  Maryland  cover  57  pages. 
The  following  quotations  are  made: 

1.  There  shall  be  throughout  the  State  of  Maryland  a  general  System 
of  free  public  schools,  according  to  the  provisions  of  this  article. 


102 


2.  Educational  matters  affecting  the  State  and  the  general  care  and 
supervision  of  public  education  shall  be  entrusted  to  a  State  board  of  edu¬ 
cation. 

3.  Educational  matters  affecting  a  county  shall  be  under  the  control  of 

a  board  of  county  school  commissioners.  t 

4.  Educational  matters  affecting  a  school  district  shall  be  under  the 
supervision  of  a  board  of  district  school  trustees. 

5.  Provides  that  the  governor,  with  the  consent  of  the  senate,  if  in 
session,  shall  appoint  the  six  members  of  the  State  board  of  education. 

6.  Provides  that  he  will  appoint  the  county  school  commissioners,  the 
number  varying  according  to  the  different  counties  specified. 

7.  Provides  that  the  district  school  trustees  (three  persons)  shall  be 
appointed  by  the  county  school  commissioners. 

8.  Provides  for  the  time  of  the  meetings  of  the  State  board. 

9.  Provides  for  the  headquarters. 

10.  Provides  that  members  of  the  board  shall  receive  no  salaries  but 
that  actual  expenses  shall  be  paid. 

11.  Confers  on  the  State  board  comprehensive  visitorial  power  which 
is  summary  and  exclusive.  It  gives  the  State  board  power  to  advise  the 
county  board,  the  latter  to  act  accordingly. 

12.  Provides  that  the  State  board  shall  have  the  general  care  and  super¬ 
vision  of  the  public  school  interests  of  the  State. 

13.  Provides  that  they  shall  issue  a  uniform  series  of  blanks. 

14.  When  requested  by  the  board  of  county  school -commissioners  they 
shall  examine  candidates  for  county  examiner. 

15.  That  they  may  grant  teachers  of  long  experience  and  established 
reputations  professional  certificates. 

16.  That  they  shall  be  ex-officio  trustees  of  the  State  normal  schools. 

17.  That  all  schools  and  colleges  receiving  State  donations  shall  make  a 
report  to  them. 

18.  That  the  governor  shall  appoint  the  State  superintendent  of  public 
education,  who,  ex-officio,  becomes  a  member  of  the  State  board. 

19.  Provides  for  his  salary  and  expenses. 

20.  Provides  for  the  duties  of  the  State  superintendent;  such  a§  dif¬ 
fusing  information  as  to  the  best  methods  of  instruction;  receiving  and 
presenting  reports  to  the  State  board  of  county  boards;  examining  county 
boards’  statements  of  expenditures;  arranging  for  teachers’  institutes,  and 
“in  every  way  conserve  the  interests  and  promote  the  efficiency  of  the  public 
schools  of  the  State.” 

21. '  Provides  for  an  assistant  superintendent. 

22-30.  Defines  the  duties  of  the  county  school  commissioners,  who,  in 
general  terms,  exercise  in  the  counties  supervisory  powers  over  education. 
Section  26  in  this  group  reads  as  follows: 

The  State  school  tax  and  free  school  fund  are  primarily  intended,  under 
this  article,  to  pay  the  salaries  of  the  teachers  of  the  several  counties  and 
to  provide  school  books  and  stationery  for  the  children  of  the  State;  if, 
however,  in  apportioning  the  said  school  tax  among  the  different  counties 
and  the  city  of  Baltimore,  the  share  of  any  county  should  prove  inadequate 
for  the  purposes  aforesaid,  then  the  county  commissioners  of  such  county 
are  hereby  authorized,  empowered,  directed  and  required  to  levy  and  collect 
such  a  tax  upon  the  assessable  property  of  such  county  as  the  board  of 
county  school  commissioners  shall  designate  to  make  good  the  deficiency; 
provided,  that  said  tax  shall  not  exceed  fifteen  cents  on  the  hundred  dol¬ 
lars,  unless  the  county  commissioners  shall  approve  and  sanction  an  addi¬ 
tional  tax;  taxes  so  levied  and  collected  shall  be  paid  quarterly,  on  the 


103 


day  fixed  for  payment  of  the  State  school  tax  to  the  several  counties  (but 
the  proceeds  from  the  special  taxes  may  be  paid  oftener,  upon  the  order  of 
the  board  of  county  school  commissioners  to  the  treasurer  of  said  board  of 
county  school  commissioners)  in  order  that  the  schools  of  said  counties 
may  be  kept  open  for  time  herein  set  forth,  and  said  tax  shall  be  levied 
and  collected  as  other  taxes;  any  sums  of  money  which  may  have  been 
specially  collected  or  levied  on  any  election  or  school  house  district  for 
educational  purposes  connected  with  these  districts,  shall  be  collected  and 
applied  to  the  purposes  so  intended  originally,  and  shall  be  used  for  no 
other  purpose;  and  if  said  funds  have  been  used  otherwise  they  shall  be 
returned  and  applied  as  aforesaid. 

31-36.  These  cover  the  duties  of  district  school  trustees  in  considerable 
detail. 

37-41.  Cover  school  houses  and  sites.  In  general,  they  give  the  board 
of  county  commissioners  power  of  condemnation  for  land  not  exceeding  one 
acre,  when  arrangement  cannot  be  made  at  private  purchase,  but  condem¬ 
nation  must  be  confirmed  by  a  judge  of  the  circuit  court  of  the  county. 

42-52.  Cover  the  ordinary  details  of  schools;  sessions,  subjects /  of  in¬ 
struction,  etc. 

53-62.  These  refer  to  teachers.  Among  other  things,  these  sections  pro¬ 
vide  (Section  54)  “Any  graduate  of  the  department  of  pedagogy  of  any 
reputable  college  or  university  maintaining  a  department  of  pedagogy  that 
has  been  approved  by  the  State  board  of  education  of  Maryland,  shall  be 
entitled  to  teach  in  the  public  elementary  or  high  schools  of  the  State  of 
Maryland  without  examination.”  Note — This  seems  to  emphasize  the  State 
control. 

63-66.  These  refer  to  pupils. 

67-71.  Text-books  and  other  incidentals  not  particularly  germane  to  the 
subject. 

72-81.  Examiners,  and  other  details  not  germane  to  the  subject. 

82-91.  Normal  schools,  which  are  all  State  institutions.  Provide  for  a 
grant  of  $1,000  annually  for  repairs  for  the  “Maryland  State  Normal 
School  of  Baltimore.” 

92-120.  Refer  to  teachers’  institutes,  teachers’  associations  and  public 
libraries. 

121-124.  Provide  for  education  in  the  city  of  Baltimore.  Note — No¬ 
where  in  these  articles  is  the  method  for  the  appointment  of  school  com¬ 
missioners  in  Baltimore  designated.  This  section  ( 121 )  gives  to  the  city 
the  whole  of  the  State’s  power  over  public  schools  in  the  city. 

125-130.  Refer  to  high  schools. 

131-134.  Schools  for  colored  children. 

135-140.  Refer  to  sources  of  income. 

(135.  A  State  tax  of  fifteen  cents  on  every  hundred  dollars  property  as 

a  general  state  levy.) 

136.  The  treasurer,  on  the  warrant  of  the  Comptroller,  shall  pay  to  each 
county  of  the  city  of  Baltimore  the  proportion  of  the  free  school  fund  to 
which  each  city  or  county  is  entitled. 

137.  The  comptroller  to  turn  this  money  over  to  the  several  counties 
and  the  city  of  Baltimore. 

The  other  sections  provide  for  the  method  of  distribution. 

142-147.  Industrial  schools  in  the  counties. 

148-152.  Farmers’  institutes. 

153-172.  Provisions  for  attendance.  The  remaining  sections  relate  to 
provisions  for  special  institutions. 


104 


REVISED  LAWS  OF  MASSACHUSETTS— 1902 
Title  X 
Chapter  39 

Section  1.  The  hoard  of  education  shall  consist  of  the  governor  and 
lieutenant-governor  and  eight  other  persons,  one  of  whom  shall  annually 
in  May  be  appointed  by  the  governor,  with  the  advice  and  consent  of  the 
Council,  for  a  term  of  eight  years. 

Section  2.  The  board  may  appoint  a  secretary,  who,  under  its  direction, 
shall  make  the  abstract  of  school  returns  required  by  the  provisions  of 
section  seven,  shall  collect  and  distribute  information  respecting  the  con¬ 
dition  and  efficiency  of  the  public  schools  and  other  means  of  popular  educa¬ 
tion  and  the  best  system  of  studies  and  the  best  method  of  instruction. 

Section  7.  The  secretary  shall  suggest  improvements  in  the  present 
system  of  public  schools  to  the  board  and  to  the  general  court,  etc. 

Section  8.  He  shall,  under  the  direction  of  the  board,  give  sufficient 
notice  of  and  attend  such  meetings  of  teachers  of  public  schools,  of  mem¬ 
bers  of  the  school  committees  of  the  several  towns  and  of  friends  of  educa¬ 
tion  generally  in  any  county  as  may  assemble  at  the  time  and  place  desig¬ 
nated  by  the  board;  and  shall  at  such  meetings  devote  himself  to  collecting 
information  relative  to  the  condition  of  the  public  schools  of  such  county; 
the  fulfilment  of  their  duties  by  the  school  committees  of  all  the  cities  and 
towns,  and  the  condition  of  the  towns  in  regard  to  teachers,  pupils,  books, 
apparatus  and  methods  of  education,  with  a  view  to  enabling  him  to  fur¬ 
nish  all  information  desired  for  the  annual  report. 

Chapter  41 

Section  1.  The  present  school  fund  of  the  commonwealth,  such  addi¬ 
tions  as  may  be  made  thereto  and  any  money  received  by  the  commonwealth 
from  the  government  of  the  United  States,  the  (disposition  of  which  is  not 
otherwise  provided  for,  shall  constitute  a  permanent  fund,  to  be  called  the 
“Massachusetts  School  Fund.”  The  principal  thereof  shall  not  be  dimin¬ 
ished  and  the  income  shall  be  appropriated  as  hereinafter  provided. 

Section  2.  The  sum  of  one  hundred  and  fifty  thousand  dollars  shall 
annually  be  paid  from  the  treasury  of  the  commonwealth  into  said  fund 
until  the  principal  thereof  amounts  to  five  millions  of  dollars. 

Section  4.  One-half  of  the  annual  income  of  the  said  school  fund  shall, 
without  a  specific  appropriation,  be  apportioned  and  distributed  for  the 
support  of  public  schools  in  the  following  manner  (amount  of  distribution 
follows).  The  remainder  of  said  half  shall  be  distributed  to  towns.  (Here 
follows  distribution.) 

Section  7.  The  income  of  said  fund  shall  be  applied  by  the  school  com¬ 
mittees  of  the  towns  receiving  it  to  the  support  of  the  public  schools 
therein;  but  said  committees  may  apply  not  more  than  twenty-five  per  cent, 
to  the  purchase  of  books  of  reference,  maps  and  apparatus  for  the  use  of 
said  schools. 


GENERAL  STATUTES— MINNESOTA— 19 13 

Section  2670.  Public  School  tuition  free. — All  public  schools,  supported 
in  whole  or  in  part  by  State  school  funds,  shall  be  styled  “public  schools” 
and  admission  and  tuition  therein  shall  be  free  to  all  persons  between  the 
ages  of  five  and  twenty-one  years,  etc. 

Section  2895.  State  apportionment  of  school  fund. — The  State  superin¬ 
tendent  shall  apportion  the  available  current  school  fund  among  the  coun¬ 
ties  on  the  first  Monday  of  March  and  October  in  each  year,  in  proportion 


105 


to  the  number  of  scholars  of  school  age  entitled  to  apportionment  therein, 
etc. 

Section  2915.  State  school  tax. — There  shall  be  levied  annually  upon  the 
taxable  property  of  the  State  a  tax  of  one  and  twenty-three  one  hundredth 
mills  on  the  dollar,  to  be  known  as  the  State  school  tax,  of  which  one 
mill  on  the  dollar  shall  be  added  to  the  general  school  fund,  etc. 

Section  2916.  County  school  tax — district  tax. — The  county  board  shall 
extend  upon  the  tax  lists  of  the  county,  in  the  same  manner  as  district 
school  taxes  are  extended,  a  tax  of  one  mill  on  the  dollar  on  the  taxable 
property  in  each  district,  to  be  known  as  the  county  school  tax.  *  *  * 

The  tax  levied  by  school  districts  shall  be  known  as  the  district  school  tax. 

Section  2917.  District  school  tax. — In  common  districts  such  district 
school  tax  shall  not  exceed  fifteen  mills  on  the  dollar  for  the  support  of 
schools,  or  ten  mills  for  the  purchase  of  school  sites  and  the  erection  and 
equipment  of  school  houses;  but  in  such  districts  in  which  said  ten  mill 
tax  will  not  produce  six  hundred  dollars,  a  greater  tax  may  be  levied  for 
school  sites  and  buildings,  not  to  exceed  twenty-five  mills  on  the  dollar. 
*  *  *  In  independent  districts  no  tax  in  excess  of  eighteen  mills 

on  the  dollar  shall  be  levied  for  the  purpose  of  school  sites  and  the  erection 
of  school  houses.  *  *  *  Provided,  that  in  any  common  school 

district  of  this  State,  in  which  there  is  now  or  shall  hereafter  be  main¬ 
tained  a  high  school  or  graded  school,  the  district  school  tax  for  the  sup¬ 
port  of  schools  may  be  not  to  exceed  twenty-five  mills  on  the  dollar. 

Section  2918.  District  School  Tax — in  districts  having  50,000  inhabi¬ 
tants.1 — In  all  districts  having  50,000  inhabitants  or  more  there  may  be 
levied,  independently  of  and  in  addition  to,  other  sums  for  school  purposes 
authorized  by  law,  the  following  two  additional  amounts:  first,  four 
mills  on  the  dollar  for  the  purchase  of  school  sites  and  the  erection,  re¬ 
pair,  furnishing  and  fitting  of  school  buildings,  payment  of  teachers’’ 
salaries,  and  the  general  maintenance  of  schools,  which  amount  to  the 
extent  of  three  and  one-Jialf  mills  only,  may  be  appropriated  to  general 
maintenance  and  the  remainder  to  one  or  more  of  such  uses;  second,  an 
amount  not  exceeding  one  mill  for  increase  of  teachers’  salaries  provided 
that  the  total  levy  in  any  such  district  for  the  maintenance  of  schools 
shall  not  exceed  nine  mills  on  the  dollar. 

Section  2919.  Same — in  districts  having  not  less  than  20,000  nor  more 
than  50,000  inhabitants. — School  districts  now  or  hereafter  having  not  less 
than  20,000  nor  more  than  50,000  inhabitants  are  hereby  empowered  to 
annually  levy,  for  the  general  fund  of  such  school  district,  a  school  tax 
not  exceeding  eleven  mills  on  the  dollar  of  the  valuation  of  all  taxable 
property  in  such  school  district. 

Section  2921.  Taxes  in  certain  districts  having  not  less  than  10,000  nor 
more  than  20,000  inhabitants. — Special  school  districts  having  not  less 
than  10,000  nor  more  than  20,000  inhabitants  are  hereby  empowered  tc 
annually  levy  for  general  school  purposes  a  general  school  tax  not  exceed¬ 
ing  nine  mills  On  the  dollar  of  the  valuation  of  all  taxable  property  in 
said  districts,  etc. 

Section  2923.  Taxes  in  districts  under  special  laws  and  containing  less 
than  3,000  inhabitants. — The  school  board  of  any  district  within  this  State 
organized  and  existing  under  any  special  law  and  containing  a  population 
of  less  than  3,000  people  is  hereby  authorized  to  levy  a  tax  not  to  ex¬ 
ceed  twenty  mills  on  the  dollar  for  school  purposes,  exclusive  of  tax  levy 
for  interest  on  bonded  indebtedness,  sinking  fund,  or  building  fund,  not¬ 
withstanding  any  limitation  as  to  the  amount  of  tax  which  may  be  levied 
by  the  special  act  under  which  said  school  district  was  organized. 

Section  2924.  Tax  in  certain  districts  ivhose  boundaries  are  coterminous 
with  those  of  cities  of  the  fourth  class. — The  board  of  education  of  any 


106 


school  district  within  this  State  organized  and  existing  under  any  special 
law  passed  prior  to  January,  1867,  and  whose  boundaries  are  coterminous 
with  the  boundaries  of  any  city  of  the  fourth  class  is  hereby  authorized 
to  levy  a  tax  of  not  to  exceed  twenty  mills  on  the  dollar  for  school  pur¬ 
poses,  exclusive  of  tax  levied  for  interest  on  bonded  indebtedness,  sinking 
fund,  or  building  fund,  etc. 

Section  2926.  (Provides  for  repayment  of  excessive  taxes.) 

State  Aid 

Section  2927.  Standing  appropriations  for  schools. — There  are  hereby 
appropriated  annually,  out  of  any  moneys  in  the  State  treasury  not  other¬ 
wise  appropriated,  the  following  sums : 

1.  For  aid  to  high  schools,  two  hundred  and  seventeen  thousand  dollars. 

2.  For  aid  to  graded  schools,  seventy-nine  thousand  dollars. 

3.  For  aid  to  semi-graded  schools,  sixty-seven  thousand  dollars. 

4.  For  aid  to  common  schools,  one  hundred  thousand  dollars. 

Section  2929.  Annual  appropriation  in  aid  of  common  schools. — There 

is  hereby  annually  appropriated  from  the  revenue  fund  of  this  State  fifty 
thousand  dollars  in  aid  of  the  common  schools  of  the  State,  etc. 

Section  2930.  How  distributed. — The  amount  so  appropriated  shall  be 
annually  divided  among  and  distributed  to  the  several  counties  of  this 
State  for  the  use  and  benefit  of  and  in  aid  of  the  common  schools  thereof, 
etc. 

Section  2931.  Not  to  be  used  for  sites  or  buildings. — No  part  of  the 
money  hereby  appropriated  shall  be  available  for  or  be  used  for  the  pur¬ 
pose  of  any  school  site  or  the  erection  of  any  school  building. 

NEBRASKA— RE  VISED  STATUTES— 19 1 3 
Article  XXIV 

7007.  Section  308.  School  districts  in  metropolitan  cities — organiza¬ 
tion. — -Each  incorporated  metropolitan  city  in  the  State  of  Nebraska,  or 
those  hereinafter  incorporated  as  such,  shall  constitute  one  school  district 
and  be  known  by  the  name  of  the  school  district  of  (name  of  city),  in 
the  county  of  (name  of  county),  in  the  State  of  Nebraska,  and  as  such 
in  that  name  shall  be  a  body  corporate  and  possess  all  the  usual  powers 
of  a  corporation  for  public  purposes,  and  in  that  name  and  style  may 
sue,  and  be  sued,  purchase,  hold  and  sell  such  personal  and  real  estate, 
and  control  such  obligations  as  are  authorized  by  law;  and  the  title  to 
all  school  buildings  or  other  property,  real  or  personal,  owned  by  any 
school  district  within  the  corporate  limits  of  metropolitan  cities  shall, 
upon  the  organization  of  a  district  under  the  provisions  of  this  article, 
vest  immediately  in  the  new  district,  and  the  board  of  education,  by  this 
article  provided,  shall  have  exclusive  control  of  the  same  for  all  purposes 
in  this  article  contemplated. 

7009.  Section  310.  Property  subject  to  school  tax. — All  property  with¬ 
in  the  corporate  limits  of  metropolitan  cities,  except  such  property  as 
now  is  or  may  hereafter  be  exempt  by  law,  shall  be  subject  to  taxation 
for  all  the  school  purposes  contemplated  in  this  article. 

7027.  Section  328.  Estimate  of  expenses — tax  levy. — The  board  of 
education  shall  annually,  during  the  month  of  January,  estimate  the 
amount  of  resources  likely  to  be  received  for  school  purposes,  including 
the  amounts  available  from  fines,  licenses  and  other  sources;  they  shall 
report  during  the  month  of  January  to  the  city  council  the  number  of 
mills  tax  on  the  dollar  deemed  necessary  to  be  levied  upon  all  taxable 
property  of  the  district,  during  the  fiscal  year  next  ensuing,  for  the  sup- 


107 


port  of  the  schools,  for  the  purchase  of  school  sites,  for  the  erection  and 
furnishing  of  school  buildings,  for  the  payment  of  interest  upon  all 
bonds  issued  for  school  purposes,  and  for  the  creation  of  a  sinking  fund 
for  the  payment  of  such  indebtedness;  and  the  city  council  is  hereby 
authorized,  directed  and  required  to  levy  and  collect  the  number  of  mills 
tax  so  reported  and  demanded  by  the  board  of  education  in  the  same 
manner  as  other  taxes  are  levied  and  collected;  PROVIDED,  HOWEVER, 
in  case  the  purchase  of  school  sites  and  the  erection  of  buildings  shall 
require  an  expenditure  exceeding  $25,000  for  any  one  calendar  year  the 
question  shall  be  submitted  to  a  vote  of  the  electors  of  said  district. 

7028.  Section  329.  Tax  limit. — The  aggregate  school  tax  shall  in  no 
one  year  exceed  two  per  cent,  upon  all  the  taxable  property  of  the 
district. 

7029.  Section  330.  Taxes  to  be  paid  in  money. — All  taxes  collected  for 
the  benefit  of  public  schools  shall  be  paid  in  money  and  shall  be  subject  to 
the  order  of  the  board  of  education. 

7034.  Section  335.  Funds  of  district — care  and  custody  of. — All  moneys 
arising  from  any  source  whatever,  which  are  payable  to  the  school  fund 
of  any  city  of  the  first  class  which  may  become  a  metropolitan  city,  or 
any  moneys  which  are  required  to  be  set  apart  by  the  treasurer  of  any 
such  city  for  the  support  and  maintenance  of  any  school  therein,  shall  be 
payable  to  the  treasurer  of  the  board  of  education,  and  shall  be  used  only 
for  the  purposes  specified  in  this  article. 

NEW  HAMPSHIRE— Public  Statutes— 1901 
Superintendent  of  Public  Instruction 

Section  1.  The  Governor,  with  advice  of  council,  shall  appoint  a  su¬ 
perintendent  of  public  instruction,  who  shall  hold  office  for  the  term  of  two 
years,  and  shall  have  general  supervision  and  control  of  the  educational 
interests  of  the  State. 

Section  2.  The  superintendent,  of  public  instruction  shall  prescribe  the 
form  of  register  to  be  kept  in  the  schools,  and  the  form  of  blanks  and 
inquiries  for  the  returns  to  be  made  by  the  school  boards,  and  shall  season¬ 
ably  send  the  same  to  the  clerks  of  the  several  towns  and  cities  for  the 
use  of  the  school  boards  therein;  he  shall  receive,  preserve  or  distribute 
all  State  documents  in  regard  to  public  schools  or  education,  and  shall 
receive  and  arrange  in  his  office  reports  and  returns  of  school  boards;  he 
shall  investigate  the  condition  and  efficiency  of  the  system  of  popular 
education  in  the  State  (especially  in  relation  to  the  amount  and  character 
of  the  instruction  given  to  the  study  of  physiology  and  hygiene,  having 
special  reference  to  the  effects  of  alcoholic  stimulants  and  narcotics  upon 
the  human  system,  and  shall  recommend  to  school  boards  what  he  considers 
the  best  text-books  upon  those  subjects  and  suggest  to  them  the  best  mode 
of  teaching  them),*  etc.,  etc. 

State  Appropriation. 

1899.  Chapter  77.  Section  6.  The  sum  of  $25,000  shall  be  appropriated 
annually  from  the  State  treasury  for  the  purposes  of  this  act.  Twenty- 
five  per  cent,  of  the  entire  appropriation  shall  be  set  apart  each  year  to 
carry  into  effect  Section  3  of  this  act.  Any  portion  of  the  sum  so  set 
apart  and  not  expended  as  aforesaid  shall  remain  in  the  State  treasury 
to  be  used  in  any  subsequent  year,  if  needed,  to  carry  out  the  purposes 
of  this  section.  The  remainder  shall  be  paid  by  the  State  treasurer  in 
December  of  each  year  to  all  the  towns  of  the  State  in  which  the  equalized 

♦Inserted  1895,  35:  1. 


108 


valuation  is  less  than  $3,000  for  each  child  of  the  average  attendance  in 
the  public  schools  of  such  towns  during  the  school  year  next  preceding,  and 
such  other  towns  as  may  be  added  as  hereinafter  provided,  on  the  sworn 
statement  of  the  superintendent  of  public  instruction  certifying  as  to  what 
amount  each  town  is  entitled,  in  direct  proportion  to  said  average  attend¬ 
ance  and  in  inverse  proportion  to  the  equalized  valuation  per  child,  and 
shall  be  used  exclusively  for  the  support  of  the  public  schools.  The  Gover¬ 
nor  and  council  may,  upon  recommendation  of  the  superintendent  of  public 
instruction,  add  to  the  class  of  towns  specified  above  in  this  paragraph  such 
other  towns  as  may  seem  from  their  peculiar  conditions  to  need  relief 
from  too  great  a  burden  of  school  taxation. 


NEW  JERSEY  STATUTES— 1910 
Article  I 

Section  1.  Provides  for  creation  of  State  board  of  education 
Article  II 

Section*  6.  Appointment ;  Salary;  Office;  Expenses. — The  State  super¬ 
intendent  of  public  instruction  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  for  the  term  of  five  years 
and  until  his  successor  shall  be  appointed  and  confirmed. 

Section  9.  Duties  of  State  Superintendent. — The  State  superintendent 
of  public  instruction  shall  be  the  secretary  of  the  State  board  of  educa¬ 
tion  and  a  member  ex-officio  of  all  boards  of  examiners.  He  shall  enforce 
all  rules  and  regulations  prescribed  by  the  State  board  of  education.  He 
shall  have  supervision  of  all  the  schools  of  the  State  receiving  any  part 
of  the  State  appropriation.  He  shall  from  time  to  time  instruct  county 
and  city  superintendents  as  to  their  duties  and  as  to  the  best  manner  of 
conducting  schools,  constructing  school  houses  and  furnishing  the  same. 

Article  VI 

Section  75.  Board  of  School  Estimate;  Determination  of  Moneys 
Necessary  for  Schools;  Appropriations  Pursuant  Thereto. — Between  the 
15th  day  of  May  and  the  1st  day  of  June  in  each  year  said  board  of  school 
estimate  shall  fix  and  determine  the  amount  of  money  necessary  to  be 
appropriated  for  the  use  of  the  public  schools  in  such  district  for  the 
ensuing  school  year,  exclusive  of  the  amount  which  shall  have  been 
apportioned  to  it  by  the  county  superintendent  of  schools.  *  *  *  Pro¬ 

vided,  that  any  amount  in  excess  of  %  of  one  per  centum  of  the  taxable 
valuation  of  real  and  personal  property  shall  be  appropriated  only  with 
the  concurrence  and  consent  of  said  common  council,  board  of  finance  or 
other  body,  expressed  by  its  resolution  duly  passed;  and  provided  further, 
that  if  the  charter  of  the  city  shall  limit  the  amount  of  tax  or  the  rate 
of  taxation  in  such  city,  so  that  the  purposes  of  this  section  cannot  be 
carried  out,  or  shall  otherwise  by  its  terms  prevent  the  carrying  out  of 
said  purposes,  said  charter  limitations  shall  be  hereafter  held  not  to 
apply  to  the  raising  of  money  under  the  provisions  of  this  section. 

Section  76.  Raising  Money  to  Purchase  Land  or  Erect ,  Enlarge,  Repair 
or  Furnish  School  Rouses ;  Estimate  and  Determination  of  Amount  Neces¬ 
sary ;  Certificates ;  Making  of  Appropriations ;  Issue  of  School  Bonds. — 
Whenever  a  city  board  of  education  shall  decide  that  it  is  necessary  to 
raise  money  for  the  purchase  of  lands  for  school  purposes,  or  for  erecting, 
enlarging,  repairing  or  furnishing  a  school  house  or  school  houses,  it 
shall  prepare  and  deliver  to  each  member  of  the  board  of  school  estimate  of 
such  school  district  a  statement  of  the  amount  of  money  estimated  to  be 


*  necessary  for  such  purpose  or  purposes,  and  shall  make  two  certificates 
of  such  amount,  one  of  which  certificates  shall  be  delivered  to  said  board 
of  education,  and  the  other  to  the  common  council,  board  of  finance  or 
other  body  in  the  city  having  the  power  to  make  appropriations  of  money 
raised  by  tax  in  such  city;  said  common  council,  board  of  finance  or  other 
body  may  appropriate  such  sum  or  sums  for  such  purpose  or  purposes 
in  the  same  manner  as  other  appropriations  are  made  by  it,  and  said  sum 
or  sums  shall  be  raised,  assessed,  levied  and  collected  at  the  same  time 
and  in  the  same  manner  as  moneys  appropriated  for  other  purposes  in 
such  city  are  raised,  assessed,  levied  and  collected;  *  *  *  provided,, 

that  the  total  amount  of  bonds  for  the  purposes  named  in  this  section, 
including  bonds  heretofore  issued  for  such  purposes  and  not  redeemed, 
shall  not  exceed  at  any  one  time  a  sum  equal  to  three  per  centum  of 
the  taxable  valuation  of  the  real  and  personal  property  in  such  city; 
provided  further,  that  if  the  charter  of  the  city  shall  limit  the  amount  of 
the  indebtedness  in  such  city,  or  shall  by  its  terms  prevent  the  carrying 
out  of  the  provisions  of  this  section,  said  charter  provisions  shall  be  here¬ 
after  held  not  to  apply  to  the  issuing  of  bonds  under  the  provisions  of  this 
section. 

Article  XVII 

Section  177.  For  the  purpose  of  maintaining  free  public  schools  there 
shall  be  appropriated  each  year  from  any  moneys  in  the  State  treasury 
not  otherwise  apportioned  such  sum,  not  less  than  $100,000,  as  may  be 
determined'  by  the  legislature  in  the  annual  appropriation  act;  which  sum 
shall  be  appropriated  among  and  paid  to  the  several  counties  in  the  pro¬ 
portion  that  the  ratables  each  of  said  counties  shall  bear  to  the  total 
ratables  of  the  State.  *  *  *  In  addition  to  the  amount  so  determined 

and  appropriated,  a  State  school  tax  shall  be  annually  assessed,  levied 
and  collected  upon  the  taxable  real  and  personal  property  in  the  State. 
*  *  *  Said  tax  shall  be  such  an  amount  as  will  make  *  *  *  a  sum 

equal  to  2%  mills  of  each  dollar  of  valuation  of  the  taxable  real  and  per¬ 
sonal  property,  etc.,  etc. 

OREGON  LAWS  (Lords,  Vol.  II) 

All  the  laws  of  a  general  nature  in  force  in  the  State  of  Oregon,  includ¬ 
ing  the  sessions  of  1909  and  the  laws  and  the  constitutional  amendments 
adopted  at  the  general  election  of  1910. 

Section  3948.  Governor,  Secretary  of  State  and  the  Superintendent  of 
Public  Instruction  shall  constitute  the  State  Board  of  Education. 

Section  3950.  Powers — 

1.  To  authorize  textbooks  to  be  used  in  public  schools. 

2.  To  prepare  a  State  course  of  studies  for  grammar  grade  schools. 

3.  To  prescribe  rules  and  regulations  for  the  general  government  of 
public  schools,  and  for  the  maintenance  of  discipline  therein,  etc.,  etc. 

PENNSYLVANIA  CODE— PROVISIONS  AFFECTING  EDUCATION- 

1913 

Section  120.  Provides,  in  effect,  that  public  school  property  heretofore 
held  by  various  school  divisions  “shall  be  owned  by  and  vested  in  the 
proper  school  district  established  by  this  act,  within  whose  boundaries 
such  property  is  situated,  except  as  herein  provided,”  and  each  school 
district  hereby  established  shall  succeed  to  and  shall  assume  and  pay  all 
the  rights,  liabilities  and  indebtedness  of  the  school  district  or  districts, 
etc. 

(Note: — Apparently  this  directly  transfers  all  school  properties  to 
certain  territorial  districts,  divided  according  to  State  lines.) 


110 


Section  123.  Each  school  district  in  this  Commonwealth  shall  have 
the  right  to  sue  and  be  sued  in  its  corporate  name. 

Section  402.  In  order  to  establish,  etc.,  schools,  or  pay  school  indebted¬ 
ness,  etc.,  the  “Board  of  school  directors  in  each  school  district  in  this 
Commonwealth  shall  be,  and  hereby  is,  vested  with  all  the  necessary 
authority  and  power  annually  to  levy  and  collect,  in  the  manner  herein 
provided,  the  necessary  taxes  required,  in  addition  to  the  annual  State 
appropriation,  and  shall  have  and  be  vested  with  all  necessary  power  and 
authority  to  comply  with  and  carry  out  any  or  all  of  the  provisions  of 
this  act. 

(Note-: — Philadelphia  is  in  a  district  of  the  first  class,  so  this  covers 
that  city.  It  is  also  to  be  understood  that  the  board  enjoys  this  power 
as  a  State  agent.) 

Section  403.  The  affirmative  vote  of  a  majority  of  the  board  of  school 
directors,  etc.,  is  required  to  take  action  on  the  following  subjects:  (Here 
follows  a  list  of  usual  duties),  “fixing  salaries  or  compensation  of  officers, 
teachers  or  other  appointees  of  the  board  of  school  directors.” 

Section  501.  All  taxes  required  by  any  school  district  in  this  Common¬ 
wealth,  in  addition  to  the  State  appropriation,  shall  be  levied  by  the 
board  of  school  directors  therein. 

Section  506.  The  board  of  school  directors  may,  in  order  to  purchase 
the  required  sites,  grounds,  additional  lands,  etc.,  or  retire  or  pay  existing 
indebtedness  incurred  by  a  municipality,  create  and  incur  an  indebtedness 
against  any  such  school  district  and  issue  bonds  to  secure  the  same 
*  *  *  to  any  amount ;  that  the  total  indebtedness  shall  never  exceed 

seven  per  cent,  upon  the  assessed  value  of  the  taxable  property  for  school 
purposes. 

(But  note  that  no  municipality  or  district  may  incur  any  new  debt 
or  increase  its  indebtedness  to  an  amount  exceeding  two  per  cent.  This- 
really  means  that  the  seven  per  cent,  clause  refers  to  the  existing  in¬ 
debtedness  of  the  municipality  when  this  Constitution  took  effect. 
Practically,  therefore,  the  limit  for  bonds  issued  is  two  per  cent.) 

Section  508.  Provides  that  school  districts  may  create  temporary  loans 
of  2/10  of  one  per  cent,  of  the  total  value  of  taxable  property  in  the 
district. 

Section  524.  In  effect  provides  that  board  of  public  education  in  school 
districts  of  the  first  class  shall  levy  an  annual  school  tax  of  not  less 
than  five  nor  more  than  six  mills  on  the  dollar. 

Section  532.  Provides,  in  effect,  that  the  board  of  education  must  make 
a  budget,  but  this  budget  is  simply  for  the  information  of  the  taxpayer, 
as  it  goes  before  no  other  official  body. 

Section  602.  Gives  the  board  of  school  directors  authority  “to  acquire 
in  the  name  of  the  district,  by  purchase,  lease,  gift,  devise,  agreement,  con¬ 
demnation  or  otherwise,  any  and  all  such  real  estate,  vacant  or  occupied, 
as  the  board  of  directors  may  deem  necessary,  to  furnish  suitable  sites 
for  school  buildings. 

PHILADELPHIA  CHARTER— 1905 

Section  The  Department  of  Education  shall  continue  as  now  estab¬ 
lished  by  law. 

The  Board  of  Education  is  not  a  city  department.  (The  Board  of  Edu¬ 
cation  v.  Shoyer,  13  D.  R.,  110  (1904)  ;  affirmed  by  Sup.  Court,  apl.  1904.) 

PHILADELPHIA  DIGEST— Page  506  (1905) 

Section  79.  He,  the  said  superintendent,  shall  decide  without  appeal  and 
without  costs  to  parties,  all  disputes  which  may  arise  or  exist  between 


111 


directors  or  comptrollers  of  any  district;  between  directors  or  comptrollers 
of  adjoining  districts,  or  between  comptrollers  and  treasurers  and  directors 
or  comptrollers  concerning  the  duties  of  their  respective  offices. 

Section  80.  He  shall,  whenever  required,  give  advice,  explanation,  in¬ 
struction  or  information  to  district  officers  and  to  citizens  relative  to  the 
common  school  law,  the  duties  of  common  school  officers,  the  rights  and 
duties  of  parents,  guardians,  pupils  and  all  others,  the  management  of  the 
schools  and  all  other  questions  and  matters  calculated  to  promote  the 
cause  of  education. 

Section  84.  He  shall  provide  a  seal  with  suitable  device  for  the  use  of 
the  department  of  common  schools,  by  which  copies  of  papers  deposited  and 
filed  therein,  and  all  official  acts  and  decisions  may  be  authenticated  under 
said  seal. 


GENERAL  LAWS  OF  RHODE  ISLAND— 1909 

Chapter  63 

Section  1.  The  general  supervision  and  control  of  the  public  schools  of 
the  State,  with  such  high  schools,  normal  schools  and  normal  institutions 
as  are  or  may  be  established  and  maintained  wholly  or  in  part  by  the  State, 
shall  be  vested  in  a  board  of  education,  which  shall  consist  of  the  governor 
and  the  lieutenant-governor,  as  members  by  virtue  of  their  office,  and  of 
one  other  member  from  each  of  the  counties  of  the  State,  with  the  excep¬ 
tion  of  Providence  county,  which  shall  have  two  other  members.  The 
board  of  education  shall  elect  the  commissioner  of  schools. 

Chapter  64 

Section  1.  There  shall  be  annually  elected  a  commissioner  of  public 
schools  in  the  manner  prescribed  in  the  previous  chapter,  who  shall  devote 
his  time  exclusively  to  the  duties  of  his  office.  In  case  of  sickness,  tem¬ 
porary  absence  or  other  disability,  the  governor  may  appoint  a  person  to 
act  as  commissioner  during  such  absence,  sickness  or  disability. 

Section  3.  The  commissioner  of  public  schools  shall  visit  as  often  as 
practicable  every  town  in  the  State,  for  the  purpose  of  inspecting  the 
schools,  and  diffusing  as  widely  as  possible,  by  public  addresses,  communi¬ 
cations  with  school  officers,  teachers  and  parents,  a  knowledge  of  the  de¬ 
fects  and  of  the  desirable  improvements  in  the  administration  of  the  sys¬ 
tem  and  the  government  and  instruction  of  the  schools. 

Section  4.  He  shall,  under  the  direction  of  the  board  of  education,  rec¬ 
ommend  and  bring  about,  as  far  as  practicable,  a  uniformity  of  text-books 
in  the  schools  of  all  the  towns;  and  shall  assist  in  the  establishment  of 
and  selection  of  books  for  school  libraries. 

Chapter  65 

Section  1.  The  sum  of  $120,000  shall  be  dnnually  paid  out  of  the  income 
of  the  permanent  school  fund,  and  from  other  money  in  the  treasury,  for 
the  support  of  public  schools  in  the  several  towns,  on  the  order  of  the  com¬ 
missioner  of  public  schools. 

Section  2.  That  the  sum  of  $120,000  shall  be  apportioned  by  the  com¬ 
missioner  of  public  schools  among  the  several  towns  as  follows:  The  sum 
of  one  hundred  dollars  shall  be  apportioned  for  each  school,  not  to  exceed 
fifteen  in  number  in  any  one  to\yi;  the  remainder  shall  be  apportioned  in 
proportion  to  the  number  of  children  from  five  to  fifteen  years  of  age  inclu¬ 
sive,  in  the  several  towns,  according  to  the  school  census  then  last  pre¬ 
ceding. 

Section  4.  No  town  shall  receive  any  part  of  such  State  appropriation 
unless  it  shall  raise  by  tax  for  the  support  of  public  schools  a  sum  equal  to 


112 


the  amount  it  may  receive  from  the  treasury  for  the  support  of  public 
schools. 

Section  10.  There  shall  be  an  annual  appropriation  for  the  support  and 
maintenance  of  evening  schools  in  the  several  towns  of  this  State,  under 
the  general  supervision  of  the  State  board  of  education,  who  shall  appor¬ 
tion  said  appropriation  among  the  several  towns. 

Chapter  74 

Section  2.  Any  town  maintaining  a  high  school  having  a  course  of  study 
approved  by  the  State  board  of  education  shall  be  entitled  to  receive 
annually  from  the  State  $20  for  each  pupil  in  average  attendance,  for  the 
first  twenty-five  pupils,  and  $10  for  each  pupil  in  average  attendance  for 
the  second  twenty-five  pupils. 

TEXAS  CIVIL  STATUTES— 1913 
Chapter  10 — State  Board  of  Education 

Article  2729.  Shall  Make  Apportionment.  The  State  board  of  education 
shall  on  or  before  the  first  day  of  August  in  each  year,  based  on  the  esti¬ 
mate  theretofore  furnished  said  board  by  the  comptroller,  make  an  appor¬ 
tionment  for  the  succeeding  scholastic  year  of  the  available  State  school 
fund  among  the  several  counties  of  the  State,  and  the  several  cities  and 
towns  and  school  districts  constituting  separate  school  organizations,  ac¬ 
cording  to  the  scholastic  population  of  each;  and,  thereupon,  the  State 
superintendent  of  public  instruction,  as  secretary  of  such  board,  shall 
certify  to  the  treasurer  of  each  county,  city  or  town,  and  of  each  school 
district  constituting  a  separate  school  organization,  the  total  amount  of 
available  school  fund  so  '  apportioned  to  each  such  county,  city  or  town  or 
school  district,  which  certificate  shall  be  signed  by  the  governor,  as  presi¬ 
dent  of  such  board,  countersigned  by  the  comptroller,  and  attested  by  the 
State  superintendent  of  public  instruction,  as  secretary  of  such  board. 

Chapter  16 — Independent  Districts 

Article  2850.  Application  to  County  Judge  for  Elections.  At  any  time 
hereafter,  it  shall  be  lawful  for  any  town  or  village  which  may  desire  to 
incorporate  for  school  purposes  only,  to  make  application  to  the  county 
judge  for  the  organization  of  an  independent  school  district,  as  provided 
for  by  the  general  statutes  governing  such  case,  and  for  the  election  of  a 
board  of  trustees,  as  provided  in  this  title,  and  on  receipt  of  such  applica¬ 
tion  it  shall  be  the  duty  of  the  county  judge  to  proceed  as  required  in 
articles ....  and ....  of  this  chapter. 

Article  2851.  Incorporation.  A  town  or  village  authorized  to  incor¬ 
porate  under  this  chapter,  or  having  two  hundred  inhabitants  or  over,  may 
form  an  incorporation  for  free  school  purposes  only,  which  may  include 
within  its  bounds  a  town  or  village  incorporated  for  municipal  purposes, 
the  same  not  having  assumed  control  of  the  public  schools  within  its 
limits;  provided,  that  the  territory  so  incorporated  for  free  school  purposes 
shall  not  exceed  an  area  of  twenty-five  square  miles.  *  *  *  When  a 

town  or  village  is  included  in  a  corporation  for  free  school  purposes,  and 
such  town  or  village  shall  afterwards  be  incorporated  for  municipal  pur¬ 
poses,  it  shall  not  thereby  acquire  a  right  to  take  the  control  of  the  schools 
within  its  limits  out  of  the  hands  of  the  school  corporation. 

Article  2856.  General  Laws  Apply  to  All  Districts.  All  school  districts, 
heretofore  provided  for  by  special  act  of  the  legislature,  are  placed  under 
the  general  laws  relating  to  incorporated  school  districts,  and  all  provi¬ 
sions  of  any  and  all  such  special  acts  in  conflict  with  the  general  laws  are 
hereby  specifically  repealed,  except  in  so  far  as  those  acts  relate  to  the 


113 


boundaries  established  by  the  acts  incorporating  such  districts.  All  in¬ 
corporated  districts,  having  each  fewer  than  one  hundred  and  fifty  scho¬ 
lastics  according  to  the  latest  census,  shall  be  governed  in  the  general 
administration  of  their  schools  by  the  laws  which  apply  to  common  school 
districts;  and  all  funds  of  such  districts  shall  be  kept  in  the  county  deposi¬ 
tories  and  paid  out  on  order  of  the  trustees  approved  by  the  county  super¬ 
intendent. 

Chapter  17 — Exclusive  Control  by  Cities  and  Towns — Independent  Districts 

Article  2867.  City  or  Town  May  Assume  Control  of  Schools.  Any  city 
or  town  in  this  State  may  acquire  the  exclusive  control  of  the  public  free 
schools  within  its  limits. 

Article  2870.  Shall  Receive  Pro  Rata  of  School  Funds.  Such  city  or 
town,  after  notice  to  the  State  board  of  education  that  it  has  determined 
to  assume  control  of  the  public  free  schools  within  its  limits,  shall  receive 
such  pro  rata  of  the  available  school  fund  as  its  scholastic  population  may 
entitle  it  to. 

Article  2871.  General  Laws  Shall  Govern.  Schools  thus  organized  and 
provided  for  by  incorporated  cities  and  towns  shall  be  subject  to  the 
general  laws,  so  far  as  the  same  are  applicable;  but  each  city  or  town  hav¬ 
ing  control  of  schools  within  its  limits  shall  constitute  a  separate  school 
district,  and  may  provide  for  the  organization  of  schools  and  the  appro¬ 
priation  of  its  school  funds  in  such  manner  as  may  be  best  suited  to  its 
population  and  condition. 

Article  2875.  Local  Maintenance  Tax.  After  a  city  or  town  has  assumed 
control  of  the  public  free  schools  within  its  limits,  the  council  or  board 
of  aldermen  shall  also  submit  the  question  to  the  property  taxpayers  as  to 
whether  or  not  the  additional  amount  as  provided  for  hereinafter  shall  be 
raised  by  taxation. 

Article  2879.  In  a  city  or  town  that  has  assumed  the  exclusive  control 
of  the  public  free  schools  within  its  limits  and  has  decided  under  the  laws 
providing  therefor  that  a  special  tax  shall  be  levied  for  the  support  of  such 
public  free  schools,  the  mayor  and  the  council  or  board  of  aldermen  of  such 
city  or  town  shall  annually  assess  and  levy  such  tax  by  ordinance  duly 
passed  and  approved  in  the  same  manner  as  is  required  in  the  assessment 
and  levy  of  taxes  for  general  purposes  in  such  city  or  town.  In  a  city  or 
town  which  has  voted  upon  and  directed  the  levy  of  a  special  tax  not  ex¬ 
ceeding  one-half  of  one  per  cent,  the  mayor  or  council  or  board  of  aldermen 
of  such  city  or  town  shall  annually  levy  such  rate  of  tax  for  public  school 
purposes,  not  exceeding  one-half  of  one  per  cent.,  as  shall  be  sufficient  for 
the  support  of  the  public  free  schools  for  the  term  as  required  by  law;  but 
in  a  city  or  town  that  has  voted  upon  and  decided,  at  an  election  held  for 
that  purpose,  that  a  special  rate  of  tax  shall  be  assessed  and  levied  in  such 
city  or  town  for  the  support  of  its  free  public  schools,  the  mayor  and 
council  or  board  of  aldermen  of  such  city  or  town  shall  have  no  discretion 
in  fixing  the  rate  at  which  such  tax  shall  be  levied,  but  shall  assess  and 
levy  the  same  at  the  rate  fixed  in  the  proposition  as  submitted  and  adopted 
by  the  qualified  voters  of  such  city  or  town  at  the  election  held  for  that 
purpose. 


WASHINGTON  CODE  (Pierce’s)  1912 

An  act  establishing,  providing  for  the  maintenance  of,  and  relating  to  a 
general  and  uniform  public  school  system  for  the  State  of  Washington 
*  *  *  repealing  all  acts  and  parts  of  acts  in  conict  with  the  provisions 

of  this  act.  Approved,  March  11,  1909. 

Title  413 

Section  1.  A  general  and  uniform  system  of  public  schools  shall  be 


114 


maintained  throughout  the  State  of  Washington  and  shall  embrace  common 
schools  (including  high  and  elementary  schools,  schools  for  special  help 
and  discipline  schools,  or  departments  of  special  instruction),  technical 
schools,  etc.,  etc.,  and  such  other  educational  institutions  as  may  be 
established  by  law  and  maintained  at  public  expense. 

Section  2.  The  administration  of  the  public  school  system  shall  be  en¬ 
trusted  to  a  superintendent  of  public  instruction  and  State  board  of 
education,  to  regents  or  trustees  for  educational  institutions,  the  county, 
superintendent  of  common  schools,  two  boards  of  directors  and  the  district 
clerks. 

Section  13.  State  Board  of  Education. — The  State  board  of  education 
shall  consist  of  the  superintendent  of  public  instruction,  the  president  of 
the  University  of  Washington,  the  president  of  the  State  College  of  Wash¬ 
ington,  the  principal  of  one  of  the  State  Normal  Schools,  etc.,  etc. 

Section  21.  (Subdivision  seven  of  powers  and  duties.)  To  prepare  and 
outline  course  or  courses  of  study  for  the  primary,  grammar  and  high 
school  departments  of  the  common  schools,  and  to  prescribe  such  rules  for 
the  general  government  of  the  common  schools  as  shall  secure  regularity 
of  attendance,  prevent  truancy,  secure  efficiency  and  promote  the  true 
interests  of  the  common  schools.  (Subdivision  ten.)  To  prepare  uniform 
questions  for  use  in  the  examination  of  the  pupils  of  the  schools  of  the 
State  completing  the  grammar  school  courses  of  study,  and  to  prescribe 
uniform  rules  and  regulations  for  the  conducting  of  such  examinations. 

Section  205.  Common  schools  shall  include  schools  that  are  maintained 
at  public  expense  in  each  school  district  and  under  the  control  of  boards 
of  directors,  etc. 

Section  431.  Tax  Levy — Limit  of  Expenditures. — The  board  of  directors 
shall  annually  *  *  *  report  to  the  board  of  county  commissioners  an 

estimate  of  the  amount  of  funds  in  addition  to  estimated  receipts  from 
the  State  and  county  *  *  *  required  for  the  support  of  the  schools, 

for  the  purchase  of  school  sites,  the  erection  and  furnishing  of  school 
buildings,  and  payment  of  interest  upon  all  bonds  issued  for  school  pur¬ 
poses,  and  the  creation  of  a  sinking  fund  *  *  *  and  the  county  com¬ 
missioners  are  hereby  authorized  and  required  to  levy  and  collect  such 
an  additional  amount  of  funds,  the  same  as  other  taxes  *  *  *  Di¬ 

rectors  may  annually  expend  in  cities  having  a  population  greater  than 
one  hundred  thousand  and  less  than  two  hundred  thousand  a  sum  not 
exceeding  two  hundred  thousand  dollars,  and  for  every  additional  fifty 
thousand  of  population  a  further  sum  of  fifty  thousand  dollars,  etc. 

Section  433.  Limit  of  Tax  Levy. — The  tax  levy  for  school  purposes  in 
districts  of  the  first  class  shall  in  no  one  year  exceed  one  per  cent,  of  the 
assessed  value  of  all  taxable  property  in  the  district ;  provided  that  when 
any  expenditure  shall  be  necessary  in  any  one  current  year  *  *  *  if  a  ma¬ 
jority  of  the  electors  voting  thereon  *  *  *  shall  be  in  favor  of  such  addi¬ 
tional  tax  the  entire  amount  so  authorized  shall  be  levied  and  collected. 
No  levy,  however,  shall  exceed  two  per  cent,  of  all  the  taxable  property  of 
said  district. 

Section  605.  Permanent  Fund. — The  principal  of  the  common  school 
fund  shall  remain  permanent  and  irreducable.  The  said  fund  shall  be 
derived  from  the  following  sources  (here  follows  description  of  sources  of 
funds ) . 

Section  609.  Current  Fund;  Tax  Levy. — Interest  accruing  on  said 
permanent  school  fund,  etc.,  etc.,  shall  be  applied  to  the  current  use  of  the 
common  schools.  In  addition,  it  shall  be  the  duty  of  the  State  board  of 
equalization  *  *  *  to  levy  a  tax  sufficient  to  produce  a  sum  which 

*  *  *  will  equal  $10  for  each  child  of  school  age  residing  in  the  State — - 

tax  not  to  exceed  five  mills  on  the  dollar. 


115 


WISCONSIN  STATUTES— 1913 
The  State  Superintendent 

Section  116.  Supervisors’  Duties  Generally.  He  shall  have  general 
supervision  over  the  common  schools  of  the  State.  *  *  *  To  prepare 

a  statement  of  the  condition  of  the  common  schools,  the  State  graded 
schools,  the  city  graded  schools,  the  free  high  schools  and  independent  high 
schools,  the  manual  training  schools,  the  schools  established  for  the  pur¬ 
pose  of  giving  instruction  in  agriculture  and  domestic  science,  the  county 
training  schools  for  teachers,  the  day  schools  for  the  deaf,  the  State 
normal  schools,  the  State  university  and  such  other  schools  as  may  be 
hereafter  established  by  law. 

School  Fund  Tax 

Section  1072a.  There  is  appropriated  annually  to  the  common  school 
fund  income  an  amount  equal  to  7.10  of  one  mill  for  each  dollar  of  the 
assessed  valuation  of  the  taxable  property  in  the  State,  as  determined 
by  the  tax  commission,  exclusive  of  the  property  of  corporations  which 
pay  license  fees,  or  which  are  assessed  for  taxation  by  the  tax  commission, 
to  be  derived  annually  as  follows:  Two  hundred  thousand  dollars  from 
the  license  fees  or  taxes  paid  by  said  corporations  and  the  balance  from 
a  tax  which  shall  be  levied  on  all  other  taxable  property  *  *  *  and 

the  amount  thereof  shall  be  disbursed  in  the  manner  and  under  the  condi¬ 
tions  and  restrictions  provided  for  the  disbursement  of  the  common  school 
income. 

Apportionment  of  Income 

Section  554.  The  school  fund  shall  be  apportioned  by  the  State  Super¬ 
intendent  between  the  10th  and  15th  days  of  December  in  each  year.  The 
amount  to  be  so  apportioned  shall  include  all  moneys  belonging  to  said 
fund  *  *  *.  Such  apportionment  shall  be  made  among  the  several 

counties,  towns,  villages  and  cities  according  to  the  number  of  children  in 
each  over  the  age  of  four  and  under  the  age  of  twenty  years,  as 
shown  by  the  reports  made  to  the  State  Superintendent. 

PUBLIC  STATUTES  OF  VERMONT— 1906 
Title  II 

Section  914.  1 Election ,  duties,  etc.,  of  Superintendent  '  of  Education. 
The  generally  assembly  shall  elect  at  each  biennial  session  a  superin¬ 
tendent  of  education,  who  shall  have  general  supervision  of  the  public 
schools  and  devote  his  whole  time  to  the  duties  of  his  office,  etc. 

Section  920.  Reports.  Said  superintendent  shall  present  to  the  gen¬ 
eral  assembly  on  the  first  day  of  each  biennial  session  a  report  of  his 
official  acts  for  the  preceding  two  years,  and  a  statement  of  the  condition 
of  schools,  and  the  expenditure  of  school  money,  with  such  plans  for  the 
improvement  of  schools  as  he  deems  proper. 

Section  923.  Courses  of  Study.  Said  superintendent  may  when  neces¬ 
sary  prepare  and  issue  a  course  of  study  for  use  in  elementary  schools  as 
a  requisite  for  admission  to  high  schools  and  academies. 

Section  1013.  Elementary  Schools.  A  school  performing  the  work  pre¬ 
scribed  in  a  nine  years’  course  of  study  or  part  thereof,  prepared  by  the 
superintendent  of  education  for  ungraded  schools,  shall  be  considered  an 
elementary  school. 

Section  1072.  Permanent  Public  School  Fund.  The  sum  of  two  hun¬ 
dred  and  forty  thousand  dollars  returned  by  the  national  government  to 


116 


the  State  in  settlement  of  the  Civil  War  claims,  the  Huntington  fund, 
the  United  States  deposit  money,  and  such  other  additions  as  may  be 
made  to  the  fund  hereby  established  shall  be  held  intact  and  in  reserve 
as  a  permanent  public  school  fund. 

Section  1084.  Distribution  of  Permanent  Public  School  Fund.  (Pro¬ 
visions  for  distribution  of  public  school  fund,  and  States:)  “The  income 
thus  distributed  shall  be  used  solely  for  the  support  of  public  schools, 
and  shall  in  unorganized  towns  and  gores  be  divided  equally  between 
the  several  school  districts  which  have  maintained  a  local  school  the 
preceding  year,  and  in  towns  having  a  district  incorporated  by  a  special 
act  of  the  general  assembly  as  is  provided  for  the  division  in  such  towns 
of  money  received  from  the  State  school  tax.” 

Section  1091.  State  School  Tax.  A  tax  of  eight  cents  on  the  dollar 
shall  be  annually  assessed  upon  the  grand  list  for  the  support  of  public 
schools. 


Appendix  3 

COPIES  OF  LEGAL  DECISIONS 

Gunnison  v.  Board  of  education — 176  N.  Y.,  11 
Hutchinson,  et  al.,  v.  Skinner — 21  Misc.,  729 
Ham  v.  Mayor  of  City  of  New  York — 70  N.  Y.,  459 
People  v.  Board  of  Education  of  Saratoga  Springs — 54  Barb.,  480 
-  State  ex  rel  Clark  v.  Haworth — 122  Ind.,  462 
Fuller  v.  Heath— 89  Ill.,  312 
Speight,  et  al.,  v.  The  People — 87  Ill.,  599 
State  ex  rel  Ogan — 159  Ind.,  121 

Williams  v.  Board  of  Education,  City  of  Parsons — 106  Pac.  Kep.  36 
Howard  v.  Independent  School  District  of  Nez  Perces — 106  Pac.,  692 
United  Elec.  Light  and  Power  Co. — affd.  136  App.  Div.,  931 

LEGAL  DECISIONS 

Gunnison  v.  Board  of  Education,  176  N.  Y.,  11  (1903) 

The  only  relation  the  city  has  to  public  education  is  as  the  custodian 
and  depository  of  school  funds,  and  its  only  duty  with  respect  to  that  fund 
is  to  keep  it  safely  and  disburse  the  same  according  to  the  directions  of  its 
board  of  education.  The  city  as  trustee  has  the  title  to  the  money,  but  it 
is  under  the  care,  control  and  administration  of  the  board  of  education, 
and  all  suits  in  relation  to  it  must  be  brought  in  the  name  of  the 
board.  *  *  * 

It  is  apparent  from  the  general  drift  of  the  argument  that  the  learned 
counsel  for  the  defendant  is  of  the  opinion  that  the  employment  of  teachers 
in  the  public  schools  and  the  general  conduct  and  management  of  the 
schools  is  a  city  function  in  the  same  sense  as  it  is  in  the  care  of  the 
streets,  or  the  employment  of  police  and  the  payment  of  their  salaries  and 
compensation ;  but  that  view  of  the  relation  of  the  city  to  public  education, 
if  entertained,  is  an  obvious  mistake.  The  city  cannot  rent,  build  or  buy 
a  school  house,  it  cannot  employ  or  discharge  a  teacher,  and  has  no  power 
to  contract  with  teachers  with  respect  to  their  compensation.  There  is  no 
contract  or  official  relation,  express  or  implied,  between  the  teachers  and 
the  city.  All  this  results  from  the  settled  policy  of  the  State  from  an 
early  date  to  divorce  the  business  of  public  education  from  all  other  munic¬ 
ipal  interests,  and  to  take  charge  of  it  as  a  peculiar  and  separate  function, 
through  agents  of  its  own  selection  and  immediately  subject  and  responsible 
to  its  control.  *  *  * 


117 


The  following  statement,  taken  from  the  printed  argument  in  support  of 
the  appeal  clearly  discloses  the  counsel’s  position  with  respect  to  the  right 
to  bring  suits  of  this  character  against  the  board  of  education  under  the 
present  charter: 

“What  we  urge  in  this  connection  is  that  the  legislature  in  making  the 
board  of  education  a  member  of  one  of  the  administrative  departments  of 
the  city  of  New  York  have  devolved  upon  the  city  itself,  acting  through 
one  of  its  departments,  the  State  functions  which  were  formerly  directly 
imposed  upon  the  board  of  education  as  a  separate  public  corporation. 
In  this  respect  the  board  of  education  is  similar  to  the  department  of 
health,  the  police  department,  the  department  of  public  charities  and  the 
fire  department.  No  more  reason  exists  for  holding  that  a  common  law 
action  should  be  brought  against  the  board  of  education  for  holding  that 
,  such  actions  should  be  brought  against  the  members  of  the  other  depart¬ 
ments  above  named.” 

Surely  if  this  is  a  correct  statement  of  the  law  a  great  change  has  been 
made  in  the  new  charter,  since  it  is  in  that  charter  that  we  still  find  all 
the  statutory  provisions  quoted  above,  and  notably  that  provision  wherein 
it  is  declared  that  the  board  of  education  shall,  in  its  corporate  capacity, 
represent  the  entire  school  system.  If  the  State  departed  from  the  settled 
policy  that  has  prevailed  since  its  organization  of  keeping  the  work  of 
public  education  and  the  control  and  management  of  its  schools  separate 
and  distinct  from  all  other  municipal  interests  and  business  by  the  selec¬ 
tion  of  its  own  agents  and  clothing  them  with  corporate  powers  to  repre¬ 
sent  the  schools,  such  as  school  districts  and  boards  of  education,  and  has 
devolved  these  powers  and  duties  directly  upon  the  city,  we  would  naturally 
expect  to  find  such  a  departure  and  notable  change  expressed  in  language 
so  clear  that  no  doubt  could  arise  as  to  this  change  of  policy.  If  the  board 
cannot  be  sued  for  teachers’  wages  and  the  teacher  must  resort  to  a  suit 
against  the  city,  then  surely  the  board  must  have  sunk  into  a  mere  city 
agency  and  it  no  longer  has  any  use  for  independent  corporate  powers. 
Public  education  then  becomes  a  city  function  EXPOSED  TO  THE  TAINT 
OF  CURRENT  MUNICIPAL  POLITICS  and  to  any  and  every  general  mis¬ 
management  that  may  prevail  in  city  departments.  (O’Brien,  J.) 
Hutchinson  et  al.  v.  Skinner,  21  Misc.,  729  (Sup.  Ct.,  Sp.  Term,  1897) 

A  case  where  the  local  school  board  could  not  agree  on  appointments.. 
Decision  gave  power  to  Superintendent  of  Public  Instruction  to  open  the 
school,  make  appointments,  etc. 

Ham  v.  Mayor  City  of  Neio  York,  70  N.  Y.,  459  (1877) 

The  department  of  public  instruction  of  the  city  of  New  York  created 
under  and  by  the  act  of  1871,  Sec.  7,  Ch.  574,  Laws  of  1871,  reorganizing 
the  local  government  of  the  city,  although  formally  constituted  a  part  of 
the  city  government,  is  charged  with  the  performance  of  duties,  not  local 
or  corporate,  but  relating  and  belonging  to  an  administrative  branch  of  the 
State  government.  The  commissioners  of  said  department  have  also  exclu¬ 
sive  authority  as  to  the  employment  and  control  of  subordinates  and  ser¬ 
vants.  The  city  corporation,  therefore,  is  not  liable  for  negligence  or  un¬ 
skillfulness  in  the  discharge  of  their  duty  on  the  part  of  subordinates  or 
servants  employed  by  the  commissioners. 

The  act  of  1871  does  not,  however,  declare  that  this  department  should 
possess  the  powers  and  privileges  of  a  corporation,  but  it  evidently  was  the 
apparent  intention  to  make  its  officers  and  servants,  to  a  great  extent,  in¬ 
dependent  of  the  corporation  and  not  liable  to  the  control  of  the  city  gov¬ 
ernment.  Whether  it  was  a  corporate  body  is  not  material,  for  although 
formally  constituted  a  department  of  the  municipal  government,  the  duties 
which  it  was  required  to  discharge  were  not  local  or  corporate,  but  related 


118 


and  applied  to  an  important  branch  of  the  administrative  department  of 
the  State  government. 

People  v.  Board  of  Education,  Saratoga  Springs,  54  Barb.,  480  (1867) 

Where  the  trustees  of  a  village  who  were  required  by  statute  to  raise 
I  and  collect  by  tax,  as  other  taxes  are  collected,  such  sums  as  the  board  of 

education  created  by  such  statute  should  deem  necessary  to  organize  and 
carry  on  schools  in  the  village — on  being  notified  by  such  board  of  its  de¬ 
termination  as  to  the  sum  needed  for  the  purpose  expressed  in  this  act — 
refused  to  raise  same  by  tax,  held  that  they  could  be  compelled  by  man¬ 
damus  to  do  so. 

State  ex  rel.  Clark  v.  Haworth,  School  Trustee  of  Monroe  School  Township, 

Howard  County,  Indiana.  122  Ind.,  462 

In  a  case  in  which  the  relator  petitioned  for  the  right  of  mandate  to 
compel  the  trustees  of  Monroe  Township  to  certify  to  the  County  Superin¬ 
tendent  of  Schools  the  number  of  text-books  required  for  children,  and  to 
procure  and  furnish  such  text-books,  the  judge  said: 

The  act  assailed  does  not  impinge  in  the  slightest  degree  on  the  right  of 
local  self-government.  The  right  of  local  self-government  is  an  inherent 
and  not  a  derivative  one.  It  is  the  right  which  a  man  possesses  in  virtue 
of  his  character  as  a  freeman.  It  is  not  bestowed  by  the  legislature  nor 
derived  from  statutes,  but  the  courts,  which  have  carried  to  its  utmost 
extent  the  doctrine  ai  local  self-government,  have  never  so  much  as  inti¬ 
mated  that  it  exists  as  a  matter  over  which  the  Constitution  has  given 
the  law-making  power  a  supreme  control.  Nor  have  they  gone  beyond  the 
line  which  separates  matters  of  purely  local  concern  from  those  of  State 
control.  Essentially  and  intrinsically  the  schools  in  which  are  trained  the 
children  who  are  to  become  the  rulers  of  the  commonwealth  are  matters  of 
the  State  and  not  of  local  jurisdiction.  In  such  matters  the  State  is  the 
unit  and  the  legislature  the  source  of  power.  The  authority  over  schools 
and  school  affairs  is  not  necessarily  a  distributive  one  to  be  exercised  by 
local  instrumentalities,  but,  on  the  contrary,  it  is  a  central  power  residing 
in  the  legislature  of  the  State.  It  is  for  the  law-making  power  to  deter¬ 
mine  whether  the  authority  shall  be  exercised  by  a  State  board  of  educa¬ 
tion  or  distributed.  With  that  determination  the  judiciary  can  no  more 
rightfully  interfere  than  can  the  legislature  with  a  decree  or  judgment 
pronounced  by  a  legislative  tribunal. 

That  the  control  of  schools  and  school  affairs  is  vested  in  the  law-making 
power  of  the  State,  that  the  schools  are  intrinsically  matters  of  State  con¬ 
cern  and  not  of  a  local  nature,  our  constitution  declares  in  language  that 
cannot  be  mistaken.  It  is  a  matter  of  State  and  not  of  locality.  The 
language  of  the  constitution  is:  “Knowledge  and  learning  generally  diffused 
throughout  the  community  being  essential  to  the  preservation  of  free  gov¬ 
ernment,  it  shall  be  the  duty  of  the  General  Assembly,  by  all  suitable 
means,  to  provide  by  law  for  a  general  and  uniform  system  of  common 
schools,  etc.”  The  constitution  enjoins  the  duty  and  confers  the  power. 

Fuller  v.  Heath,  89  Ill.,  312  (1878) 

The  officers  of  a  city  may  b£  vested  with  power  by  the  legislature  to  levy 
and  collect  taxes  for  the  support  of  common  schools.  Such  laws,  wherever 
found,  are  a  part  of  the  school  laws  of  the  State,  and  not  strictly  a  part  of 
the  dharter  or  law  of  the  State.  In  such  case  the  city  officers  are  mere 
agencies  of  the  public  to  carry  into  effect  the  objects  and  purposes  of  the 
general  school  system.  *  *  * 

Before  the  adoption  of  the  present  constitution  the  city  of  Chicago  was 
by  law  given  the  title  of  all  school  lands  within  its  boundaries  and  was 
clothed  with  the  power  of  collecting  taxes  for  school  purposes  and  charged 
with  the  duty  of  supporting  its  schools.  The  laws  on  this  subject  in  force 


119 


at  that  time,  whether  embodied  in  form  in  the  charter  of  the  city,  or  in 
amendments  to  the  charter,  or  in  laws  not  purporting  in  form  to  be  a  part 
of  its  charter,  must  be  regarded  as  a  part  of  the  school  laws,  and  not  as 
strictly  as  part  of  its  charter  for  strictly  city  purposes. 

Speight  et  al.  v.  The  People,  87  Ill.,  599  (1877) 

There  is  no  limitation  in  the  constitution  to  the  powers  of  the  legisla¬ 
ture  in  providing  for  the  formation  of  school  districts  nor  in  describing 
who  shall  or  who  shall  not  be  empowered  with  the  levy,  collection  and 
custody  of  school  taxes.  These  are  wholly  within  the  discretion  of  the. 
legislature. 

So,  although  the  General  Assembly  may  require  the  boundary  lines  of 
cities  to  be  adopted  as  lines  for  the  formation  of  school  districts,  and  that 
city  officers  shall  perform  the  duties  of  school  officers,  such  officers  will  in 
the  exercise  of  their  different  functions,  represent  the  corporations  to 
which  these  functions  respectively  appertain — those  belonging  to  the. 
city  under  its  charter  in  the  one  case,  and  those  relating  to  schools  under 
the  school  law  in  the  other.  As  affecting  the  power  of  the  city  council  to 
levy  taxes  for  free  school  purposes  under  the  charter  which  vests  in  the 
city  officers  the  control  over  such  schools  within  territorial  limits  of  the 
city,  all  laws,  whether  in  city  charters  or  elsewhere,  upon  that  subject 
may  be  regarded  simply  as  school  laws  and  as  a  part  pi  the  law  designed 
to  execute  the  mandates  of  the  constitution  in  respect  to  a  free  school 
system. 

The  constitutional  prohibition  that  the  General  Assembly  shall  not  pass 
any  local  or  special  law  providing  for  the  management  of  common  schools 
does  not  operate  to  prevent  the  levying  of  taxes  for  school  purposes  and 
the  custody  of  the  funds  when  the  taxes  are  collected.  *  *  *  There 

is  a  distinction  in  this  regard  between  the  establishing  of  a  school  and 
providing  for  its  support  and  its  management  or  conduct  when  established 
and  supported. 

State,  ex  rel.,  v.  Ogan,  159  Ind".,  121 

As  will  hereafter  appear,  progress  will  be  made  in  the  solution  of  the 
question  before  us  by  considering  the  character  of  school  corporations  in 
their  relation  to  the  State.  The  Constitution  does  not  direct  the  General 
Assembly  to  provide  for  the  organization  of  the  common  schools,  but  it 
directs  that  body  to  devise  “a  system  of  common  schools.”  Art.  8,  Sec., 
1.  The  word  “system”  is  thus  defined  j)y  the  Encyclopaedic  Dictionary: 
“A  plan  or  scheme  according  to  which  things  are  connected  or  combined 
into  a  whole;  as  assemblage  of  facts,  or  of  principles  and  conclusions, 
scientifically  arranged  or  disposed  according  to  certain  mutual  relations, 
so  as  to  form  a  complete  whole;  as  a  system  of  philosophy,  a  system,  of 
government,  etc.”  A  system  of  school  government  in  which  the  cap-sheaf 
is  a  State  officer,  having  authority  more  or  less  broad,  as  the  legislature 
may  provide,  but  which,  of  necessity,  reaches  down  to  and  affects  the 
schools  themselves,  is  a  centralized,  and  not  a  localized  form  of  school 
government.  Judge  Cooley,  in  his  great  chapter  on  decentralization, 
recognizes  the  distinction  between  that  class  of  public  corporations  where 
the  people  voluntarily  take  upon  themselves  the  corporate  function,  and 
that  class  of  quasi  corporations  that  exist  under  the  general  laws  of  the 
State  apportioning  the  territory  of  the  State  into  political  divisions  for 
convenience  of  government,  and  requiring  of  the  people  residing  within 
those  divisions  the  performance  of  certain  public  duties  as  a  part  of  the 
machinery  of  the  State.  Whether  the  inhabitants,  says  the  author,  ‘‘shall 
assume  those  duties  or  exercise  those  powers,  the  people  of  the  political 
divisions  are  not  allowed  the  privilege  of  choice;  the  legislature  assume 

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this  division  of  the  State  to  be  essential  in  republican  government,  and 
the  duties  are  imposed  as  a  part  of  the  proper  and  necessary  burden  which 
the  citizens  must  bear  in  maintaining  and  perpetuating  constitutional 
liberty.”  Cooley’s  Const.  Lim.  (5th  ed. )  240.  The  following  quotation 
from  the  case  of  City  of  Lafayette  v.  Jenners,  10  Ind.,  70,  77,  is  apropos 
here:  “And  we  have  seen  that  common  schools  as  a  whole,  are  made  a 
State  institution — a  system  co-extensive  with  the  State,  embracing  within 
it  every  citizen,  every  foot  of  territory,  and  all  the  taxable  property  in 
the  State.”  “Essentially  and  intrinsically,”  said  this  court  in  State  v. 
Haworth,  122  Ind.,  462,  465,  7  L.R.A.  240,  “the  schools  in  which  are 
educated  and  trained  the  children  who  are  to  become  the  rulers  of  the 
commonwealth  are  matters  of  State,  and  not  of  local  jurisdiction.  In 
such  matters  the  State  is  a  unit,  and  the  legislature  the  source  of  power. 
The  authority  over  schools  and  school  affairs  is  not  necessarily  a  distribu¬ 
tive  one  to  be  exercised  by  local  instrumentalities;  but  on  the  contrary, 
it  is  a  central  power,  residing  in  the  legislature  of  the  State.  It  is  for 
the  law-making  power  to  determine  whether  the  authority  shall  be  exer¬ 
cised  by  a  State  board  of  education,  or  distributed  to  county,  township 
or  city  organizations  throughout  the  State.” 

William  v.  Board  of  Education  of  City  of  Parsons,  106  Pac.  Rep.,  36 
(Supreme  Court  of  Kansas,  Jan.  8,  1910) 

The  control  of  city  schools,  including  the  selection  of  sites  and  the  dis¬ 
tribution  of  pupils,  is  devolved  by  the  legislature  on  the  board  of  educa¬ 
tion,  and  the  discretion  committed  to  that  body  is  to  be  exercised  un¬ 
trammeled  by  judicial  interference,  and  its  decisions  are  final,  except  when 
its  action  is  capricious  or  arbitrary. 

Howard,  Appellant,  v.  Independent  School  District  No.  1  of  Nez  Perce 
County,  Respondent,  106  Pac.  692,  Idaho 

(Supreme  Court,  January,  1910) 

4.  An  independent  school  district,  created  and  organized  under  special 
charter  from  the  territorial  legislature,  is  as  fully  an  “educational  cor¬ 
poration,”  under  the  control  of  the  State  within  the  purview  of  Sec.  2,  art. 
11  of  the  constitution  as  is  anv  other  educational  corporation  within  the 
State. 

Idaho  541 

An  independent  school  district  organized  and  existing  under  a  special 
charter  at  the  time  of  the  adoption  of  the  constitution  was  as  much 
an  “educational  corporation”  as  any  other  educational  institution  that  had 
been  incorporated  under  special  charter.  There  is  nothing  in  the  organiza¬ 
tion  and  existence  of  an  independent  school  district  chartered  for  the 
purpose  of  maintaining  and  conducting  “public,  free  common  schools”  that 
is  in  conflict  with  either  the  letter  or  spirit  of  the  constitution.  The 
mere  fact  of  its  existence  is  not  obnoxious  to  the  uniformity  requirement 
of  the  constitution. 

Law  Journal — May  18,  1909 
SUPREME  COURT— Special  Term,  Part  IV 
By  Mr.  Justice  MacLean 

The  United  Electric  Light  &  Power  Co.,  v.  Board  of  Education 

To  the  complaint  of  the  plaintiffs,  alleging  forty-six  causes  of  action 
upon  as  many  contracts  made  at  different  times  with  tli£  defendant  for 
the  supply  of  electric  current  for  lighting  purposes  in  certain  public 
school  buildings  of  the  city,  performance  by  the  plaintiff  and  neglect  and 
refusal  by  the  defendant  to  pay  the  sums  due  on  said  contracts,  and  the 


121 


filing  of  its  claims  with  the  neglect  and  refusal  by  the  comptroller  of 
the  city  to  adjust  or  pay  the  same  more  than  thirty  days  prior  to  the 
commencement  of  this  action,  the  defendant  demurs  on  the  grounds  that 
the  City  of  New  York  and  not  the  defendant  herein  is  the  proper  party 
defendant,  and  that  the  complaint  does  not  state  facts  sufficient  to  con¬ 
stitute  a  cause  of  action.  The  facts  stated  in  the  complaint  and  admitted 
in  the  demurrer  do  set  forth  a  cause  of  action  upon  a  disputed  claim 
against  the  defendant  under  Sec.  1055  of  the  Greater  New  York  Charter 
as  “The  only  relation  that  the  city  has  on  the  subject  of  public  education 
is  as  the  custodian  and  depository  of  school  funds,  and  its  only  duties 
with  respect  to  that  fund  is  to  keep  it  safely  and  disburse  the  same  accord¬ 
ing  to  the  instructions  of  the  Board  of  Education.”  (Gunnison  v.  Board 
of  Education,  176  N.  Y.,  11,  17;  Fidelity  and  Deposit  Company  v.  City 
of  New  York,  108  App.  Div.,  263.)  Whatever  be  the  jurisdiction  of  the 
Commissioner  of  Water  Supply,  Gas  and  Electricity  under  Sec.  469  of 
said  charter  relative  to  public  buildings,  it  may  hardly  under  the  rules 
of  statutory  construction  be  held  to  include  control  of  the  subject  matter 
of  the  present  action,  as  care  and  control  of  the  property  in  question 
is  vested  in  the  Board  of  Education,  the  city  being  custodian  of  the  fee 
by  Sec.  1055  of  said  charter,  and  as  “the  policy  of  this  State  for  more 
than  half  a  century  has  been  to  separate  public  education  from  all  other 
municipal  functions  and  entrust  it  to  independent  corporate  agencies  of 
its  own  creation.”  (Gunnison  v.  Board  of  Education,  supra,  at  p.  25). 
As  said  therein  at  page  26,  “It  is  still  the  sole  representative  of  the 
school  system, ,  with  exclusive  powers  to  control,  manage  and  administer 
all  school  property  and  school  funds.”  The  demurrer  will  therefore  be 
overruled  with  costs,  but  with  leave  to  the  defendant  to  answer. 

This  decision  follows  Gunnison,  and  was  affirmed,  136  App.  Div.,  931, 
January,  1910. 


i 


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